How can convicted persons return to make laws, asks SC

How can convicted persons return to make laws, asks SC

Sub: Polity

Sec: Elections

Context: The Supreme Court on Monday (February 10, 2025) asked how convicted persons could return to the Parliament and State Legislatures, saying there was an apparent conflict of interest if people found guilty of breaking the law returned as lawmakers.

Government’s Stand on the Issue

• The government, in a 2020 affidavit, rejected the idea of a lifetime ban.
• It maintained that disqualification under Section 8 of the Representation of the People Act, 1951, for the prison sentence duration and six years thereafter, was sufficient.
• MPs and MLAs were not bound by specific “service conditions”, but rather by their oath, propriety, and national interest.

Criminal Cases Against Legislators

• It has been pointed out:
  • 5,000 criminal cases against MPs and MLAs are still pending.
  • 42% of sitting Lok Sabha members face criminal charges.
  • Some cases have been pending for over 30 years.

Disqualifications Under Section 8 of the Representation of the People Act, 1951

Purpose of Section 8

• Section 8 of the Representation of the People Act, 1951 aims to prevent criminalization of politics by disqualifying convicted individuals from contesting elections.
• It ensures that persons with serious criminal backgrounds do not enter legislative bodies.

Categories of Disqualification Under Section 8

Section 8 disqualifies individuals from contesting elections based on different categories of offenses:

• Section 8(1) – Disqualification for Certain Offenses
  • Conviction for serious offenses such as:
    • Promoting enmity between groups on religious, racial, caste, or language grounds.
    • Offenses related to electoral integrity, such as bribery and undue influence.
  • Disqualification Period: The convicted individual is disqualified from the date of conviction and for six years after release from prison.
• Section 8(2) –
  • A person convicted for the contravention of—
    • any law providing for the prevention of hoarding or profiteering;
    • any law relating to the adulteration of food or drugs;
    • any provisions of the Dowry Prohibition Act, 7[1961 (28 of 1961)],
  • Disqualification : If the person is sentenced to imprisonment for not less than six months, shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release
• Section 8(3) – Disqualification for Sentences of Two Years or More
  • If a person is convicted and sentenced to imprisonment of two years or more, they are immediately disqualified.
  • Disqualification Period: The person remains disqualified during the prison term and for six years after release.
• Important Supreme Court Interpretations

Lily Thomas v. Union of India (2013):

• The Supreme Court struck down Section 8(4) of the Act, which had allowed sitting MPs and MLAs to continue in office even after conviction if they appealed within three months.