Should Convicted Persons Be Allowed to Contest Elections?

Should Convicted Persons Be Allowed to Contest Elections?

Sub: Polity

Sec: Elections

Context: The Supreme Court is currently hearing petitions seeking a lifetime ban on convicted persons from contesting elections. The issue revolves around legal provisions, judicial precedents, and the broader implications of criminalization in politics.

Legal Provisions Under the Representation of the People Act, 195

• Disqualification Based on Conviction
  • Section 8(3): A person convicted of a criminal offense and sentenced to at least two years of imprisonment is disqualified from contesting elections.
  • This disqualification lasts for six years after the person’s release.
• Disqualification for Specific Offenses
  • Section 8(1): Certain heinous crimes lead to disqualification regardless of the duration of the sentence. These include:
    • Rape
    • Offenses under the Protection of Civil Rights Act (untouchability)
    • Unlawful Activities (Prevention) Act (UAPA)
    • Prevention of Corruption Act,etc.
  • The disqualification period extends to six years beyond the release from prison.

Election Commission’s Power to Remove Disqualification

• Section 11: The Election Commission (EC) has the authority to reduce or remove the disqualification period.
• In 2019, the EC controversially reduced the disqualification period of Prem Singh Tamang, allowing him to contest elections despite a conviction under the Prevention of Corruption Act.

Key Supreme Court Judgments on Decriminalization of Politics

• Association for Democratic Reforms (ADR) Case (2002)
  • Mandated that candidates must disclose their criminal records.
• CEC vs. Jan Chaukidar (2013)
  • The Patna High Court ruled that undertrial prisoners are not eligible to contest elections since they are not ‘electors.’
  • The Supreme Court upheld this decision, but Parliament later overturned it through an amendment.
• Lily Thomas Case (2013)
  • Struck down Section 8(4) of the RP Act, which allowed sitting legislators to continue in office despite conviction if they filed an appeal.
  • As a result, a sitting legislator is now immediately disqualified upon conviction.