Lifetime Ban On Politicians Convicted In Criminal Cases To Continue? What Centre Told SC
1 month ago

Lifetime Ban On Politicians Convicted In Criminal Cases To Continue? What Centre Told SC

ABP News  

The Centre on Wednesday opposed a plea filed in the Supreme Court that sought to impose a life ban on convicted politicians, arguing such a disqualification was solely within the domain of Parliament. "The question whether a lifetime ban would be appropriate or not is a question that is solely within the domain of the parliament," the affidavit said. "It is submitted that issues raised by the petitioner have wide-ranging ramifications and clearly fall within the legislative policy of Parliament and the contours of judicial review would be suitably altered in such regard," the affidavit said. The plea, filed by advocate Ashwini Kumar Upadhyay sought a life ban on convicted politicians aside from the expeditious disposal of criminal cases against MPs and MLAs in the country.

Parliament Plea Filed  sought  parliament  continue  sc  solely  convicted  lifetime  cases  plea  filed  centre  court  saidalso  politicians  affidavit  ban  told  criminal

History of this topic

Should convicted politicians face a lifetime ban? No, says Union Govt – ‘solely within the domain of Parliament’
1 month ago

Should convicted politicians face a lifetime ban? No, says Union Govt – ‘solely within the domain of Parliament’

Live Mint  

The Union government has opposed in the Supreme Court a plea seeking a life ban on convicted politicians. In an affidavit filed in the Apex court, the Centre said the prayer in a plea seeking a life ban on convicted politicians amounted to rewriting the statute or directing Parliament to frame a law in a particular manner that was wholly …

Govt. questions plea for life ban on convicted politicians, says penal punishments are finite
1 month ago

Govt. questions plea for life ban on convicted politicians, says penal punishments are finite

The Hindu  

The Centre has questioned the logic behind a lifetime ban on convicted politicians from contesting elections or being nominated to Parliament or State Legislatures, saying prison sentences or punishments under penal law are for a specific period, say a few years, after which convicts regain their rights and are prompted to rejoin society. In its latest affidavit filed on February …

Govt opposes lifetime ban on convicted politicians: 'Solely within domain of Parliament'
1 month ago

Govt opposes lifetime ban on convicted politicians: 'Solely within domain of Parliament'

India TV News  

Govt opposes lifetime ban on convicted politicians: 'Solely within domain of Parliament' Ban on convicted lawmakers: The central government has filed an affidavit in the Supreme Court opposing a PIL plea seeking a lifetime ban on politicians who are convicted offenders from being able to contest elections. Ban on convicted lawmakers: The Centre has opposed a plea in the Supreme …

Ex-minister disqualified from Assembly after his conviction in bank scam
1 year, 3 months ago

Ex-minister disqualified from Assembly after his conviction in bank scam

Hindustan Times  

Mumbai: A day after Sunil Kedar, Congress’s five-term MLA from Saoner in Vidarbha’s Nagpur district, was convicted for five years in the ₹125 crore Nagpur District Central Cooperative Bank scam, the state legislature disqualified him from the lower house on Saturday. HT Image The notification disqualifying Kedar was issued by state legislature secretary Jitendra Bhole as per provisions in article …

'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case
1 year, 5 months ago

'Would Send Wrong Signals to Public': Kerala HC Declines to Suspend Conviction of NCP MP in Attempt-to-murder Case

News 18  

The Kerala High Court has rejected a plea by NCP MP Mohammed Faizal for suspension of his conviction in an attempt-to-murder case, stating that if persons with criminal antecedents are permitted to continue as Members of Parliament/Legislatures even after conviction, it would only send wrong signals to the public at large. The prayer of the 2nd petitioner for suspension of …

Judiciary can't ban lawmakers for life: Supreme Court
1 year, 8 months ago

Judiciary can't ban lawmakers for life: Supreme Court

Hindustan Times  

Courts cannot debar convicted lawmakers from contesting polls for life when the legislature limits the prohibition to six years, the Supreme Court observed on Tuesday, expressing its indisposition to entertain a plea demanding life bans in such cases. How can we say life ban when the legislature says six years?” the bench, also comprising justice PS Narasimha, asked petitioner and …

After Rahul Gandhi's Disqualification, Plea In SC Challenges Automatic Disqualification Of Elected Members Upon Conviction Of 2 Years
2 years ago

After Rahul Gandhi's Disqualification, Plea In SC Challenges Automatic Disqualification Of Elected Members Upon Conviction Of 2 Years

Live Law  

A plea challenging the automatic disqualification of representatives of elected legislative bodies, upon being convicted of any offence and sentenced to imprisonment for not less than two years as per Section 8 of the Representatives of the People Act, 1951 has been filed before the Supreme Court of India. It adds that Section 8 of the 1951 Act clearly categorizes …

Rahul Gandhi case highlights: Political row erupts over Surat court's verdict
2 years ago

Rahul Gandhi case highlights: Political row erupts over Surat court's verdict

Hindustan Times  

A local court in Gujarat's Surat given a two-year term to Congress MP Rahul Gandhi for a comment which he made in Karnataka ahead of the 2019 Lok Sabha elections where he wondered how ‘all thieves have Modi as the common surname’. The court's verdict became a rallying point for opposition leaders, including Delhi and Jharkhand chief ministers Arvind Kejriwal …

Rahul Gandhi case highlights: Political row erupts over Surat court's verdict
2 years ago

Rahul Gandhi case highlights: Political row erupts over Surat court's verdict

Hindustan Times  

A local court in Gujarat's Surat given a two-year term to Congress MP Rahul Gandhi for a comment which he made in Karnataka ahead of the 2019 Lok Sabha elections where he wondered how ‘all thieves have Modi as the common surname’. The court's verdict became a rallying point for opposition leaders, including Delhi and Jharkhand chief ministers Arvind Kejriwal …

Are You Willing To Ban Convicted Politicians From Elections For Life? Supreme Court Asks Centre
3 years, 4 months ago

Are You Willing To Ban Convicted Politicians From Elections For Life? Supreme Court Asks Centre

Live Law  

The Supreme Court on Wednesday asked the Central Government if it was willing to consider imposing a life-ban on contesting elections for politicians who have been convicted for offences. The bench, also comprising Justice DY Chandracahud and Justice Surya Kant, was hearing a PIL filed by Ashwini Upadhyay seeking life-time ban on convicted politicians. In 2017, the Election Commission had …

Life Ban On Convicted MP/MLAs : Necessary To Hear Issue At Length, Says Supreme Court
3 years, 6 months ago

Life Ban On Convicted MP/MLAs : Necessary To Hear Issue At Length, Says Supreme Court

Live Law  

The Supreme Court on Wednesday observed that the issue of MPs and MLAs being debarred for life from contesting any election for membership of Parliament or State Legislature is necessary to be heard at length.A Bench comprising CJI Ramana, Justice Chandrachud and Justice Surya Kant stressed the far-reaching ramifications and consequences of the issue and observed that all stakeholders need …

Centre Opposes in SC PIL Seeking Lifetime Ban on Convicted Politicians
4 years, 3 months ago

Centre Opposes in SC PIL Seeking Lifetime Ban on Convicted Politicians

News 18  

The Centre has opposed in the Supreme Court the amended PIL seeking imposition of lifetime ban on convicted politicians from contesting elections, saying the elected representatives are equally bound by law. BJP leader and lawyer Ashwini Upadhyay, in his amended PIL, has sought lifetime ban on convicted persons including politicians, from contesting elections as against the six-year ban from the …

Centre Opposes Plea For Life Ban On MPs/MLAs On Conviction In Criminal Cases, At Par With Public Servants
4 years, 3 months ago

Centre Opposes Plea For Life Ban On MPs/MLAs On Conviction In Criminal Cases, At Par With Public Servants

Live Law  

In its affidavit before the Supreme Court, the Centre has opposed the plea to debar the persons convicted in criminal cases, whether people's representatives, public servants or members of judiciary, uniformly from the legislature, the executive and the judiciary for life. Opposing the plea for life ban, the affidavit submits that the premise underlying the prayer appears to be the …

Supreme Court seeks Centre\'s stand on banning convict netas for life
4 years, 4 months ago

Supreme Court seeks Centre\'s stand on banning convict netas for life

Deccan Chronicle  

New Delhi : The Supreme Court on Wednesday asked the Centre to spell out its stand on a plea seeking lifetime ban on convicted politicians, including sitting lawmakers, from contesting elections as against the six-year ban from the date of release after undergoing sentence of two years or more under the prevailing law. Justice N.V. Ramana, heading a bench also …

SC informed of over 4,000 criminal cases pending against MPs, MLAs
6 years, 3 months ago

SC informed of over 4,000 criminal cases pending against MPs, MLAs

The Hindu  

The Supreme Court was on Tuesday informed that there were 4,122 criminal cases pending, some for over three decades, against present and former members of Parliament and legislative assemblies. A bench headed by Chief Justice Ranjan Gogoi will on Tuesday take up the issue relating to the criminal cases against the present and former legislators on a Public Interest Litigation. …

SC To Hear Plea For Life Ban On Convicted Persons From Contesting Elections On Dec 4 [Read Order]
6 years, 4 months ago

SC To Hear Plea For Life Ban On Convicted Persons From Contesting Elections On Dec 4 [Read Order]

Live Law  

The Supreme Court on Thursday stated that it would hear on December 4 the plea for lifelong restraint from contesting elections on politicians convicted for criminal offences.The bench of Chief Justice Ranjan Gogoi, Justice U. U. Lalit and Justice K. M. Joseph was hearing BJP leader and advocate Ashwini Kumar Upadhyay’s PIL to provide adequate infrastructure to setup Special Courts …

Supreme Court says it can’t ban criminals in politics, leaves it to Parliament
6 years, 6 months ago

Supreme Court says it can’t ban criminals in politics, leaves it to Parliament

Hindustan Times  

The Supreme Court has declined to ban politicians with criminal cases from contesting elections but underlined that it is time Parliament enacts laws to ensure that people with criminal cases do not enter politics. The Parliament building in New Delhi Society has a right to be governed by better people, the judges said while observing that politicians with criminal cases …

Disqualification Of Legislators On Framing Of Charge[Day-1] Can A Person Against Whom Murder Charges Have Been Framed Be Allowed To take Oath: Asks Nariman.J To AG
6 years, 7 months ago

Disqualification Of Legislators On Framing Of Charge[Day-1] Can A Person Against Whom Murder Charges Have Been Framed Be Allowed To take Oath: Asks Nariman.J To AG

Live Law  

The five-judge constitution bench commenced hearing on the pleas seeking a ban on candidates from contesting elections against whom charges have been framed.Opening the arguments for the petitioner Public Interest Foundation Senior Counsel Dinesh Dwivedi said;“Your Lordships have held that criminalisation in the Legislatures is a negation of democracy and the basic structure of. If not a Fundamental Right, the …

Lalu Prasad Yadav supports lifetime ban on convicted parliamentarians, says should be done in an unbiased manner
7 years, 4 months ago

Lalu Prasad Yadav supports lifetime ban on convicted parliamentarians, says should be done in an unbiased manner

Firstpost  

Lalu Prasad Yadav has come out in support of lifetime ban for convicted politicians even though Lalu and his family are involved in a bunch of cases registered against them such as the IRCTC hotels scam, fodder scam, etc A few hours after the Election Commission of India supported a plea seeking a lifetime ban on convicted politicians for decriminalisation …

SC favours special courts to try convicted MPs, MLAs; seeks details of 1,581 cases against politicians
7 years, 4 months ago

SC favours special courts to try convicted MPs, MLAs; seeks details of 1,581 cases against politicians

India TV News  

The Supreme Court directed the Centre on Wednesday to place before it details regarding 1,581 cases involving MPs and MLAs, as declared by politicians at the time of filing their nominations during the 2014 general elections. A bench comprising Justices Ranjan Gogoi and Navin Sinha also sought the details of criminal cases lodged against politicians from 2014 till date as …

EC Supports Life Ban On Convicted Politicians; Stands By Its Earlier Affidavit
7 years, 4 months ago

EC Supports Life Ban On Convicted Politicians; Stands By Its Earlier Affidavit

Live Law  

Once again changing its stand the Election Commission today told a Supreme Court bench headed by a bench headed by Justice Ranjan Gogoi that it favoured a life term ban on MPs, MLAs from contesting election after being convicted in criminal cases.The existing law disqualifies politicians sentenced to a jail term of two years or more from contesting elections for …

EC Supports Life Ban On Convicted Politicians; Stands By Its Earlier Affidavit
7 years, 4 months ago

EC Supports Life Ban On Convicted Politicians; Stands By Its Earlier Affidavit

Live Law  

Once again changing its stand the Election Commission today told a Supreme Court bench headed by a bench headed by Justice Ranjan Gogoi that it favoured a life term ban on MPs, MLAs from contesting election after being convicted in criminal cases.The existing law disqualifies politicians sentenced to a jail term of two years or more from contesting elections for …

Life Ban For Convicted Legislators: SC Pulls Up Election Commission For Not Taking A Clear Stand
7 years, 8 months ago

Life Ban For Convicted Legislators: SC Pulls Up Election Commission For Not Taking A Clear Stand

Live Law  

The Election Commission of India today found itself in a difficult situation before the Supreme Court in a PIL which demanded life ban of convicted MPs and MLAs from contesting the elections. The petition, filed by Mr. Ashwini Kumar Upadhyay, demanded that an order be issued directing the Centre to take necessary steps to debar persons charged with criminal offences …

No early hearing on tainted politicians
7 years, 11 months ago

No early hearing on tainted politicians

Deccan Chronicle  

New Delhi: The Supreme Court on Monday declined the plea for an urgent hearing a batch of petitions raising an important question of law, whether a person facing a criminal case in a heinous crime can be disqualified from contesting Assembly or Parliamentary elections at the stage of filing chargesheet or framing of charges or only after conviction. Khehar told …

Lifetime Ban Of Convicted Law Makers: SC Seeks Centre’s Response
8 years ago

Lifetime Ban Of Convicted Law Makers: SC Seeks Centre’s Response

Live Law  

The Supreme Court today sought response of Centre on the pending PIL seeking barring convicted persons from contesting polls for life and preventing their entry into judiciary and the executive.A bench comprising Justices Ranjan Gogoi and Navin Sinha asked the government to file its reply in two weeks and posted the matter for further hearing on April 18.Earlier this week …

Election Commission favours lifetime ban on convicts from contesting polls
8 years ago

Election Commission favours lifetime ban on convicts from contesting polls

Firstpost  

The Election Commission of India on Monday told the Supreme Court that it was in favour of barring convicted persons from contesting polls for life and stopping their entry into judiciary and the executive. New Delhi: The Election Commission of India on Monday told the Supreme Court that it was in favour of barring convicted persons from contesting polls for …

Election Commission favours lifetime ban on convicts from contesting polls
8 years ago

Election Commission favours lifetime ban on convicts from contesting polls

India TV News  

The Election Commission of India told the Supreme Court on Monday that it is in favour of barring convicted persons from contesting polls for life and stopping their entry into judiciary and the executive. In its affidavit filed in response to a PIL seeking setting up special courts for trial of criminal cases against people from the legislature, executive and …

Gujarat HC refuses to suspend the Conviction of BJP MP; Consequence of Disqualification as MP not a ground to stay Conviction [Read Judgment]
8 years, 11 months ago

Gujarat HC refuses to suspend the Conviction of BJP MP; Consequence of Disqualification as MP not a ground to stay Conviction [Read Judgment]

Live Law  

Refusing to suspend the conviction of a BJP MP, the Gujarat High Court on Monday observed that the consequence of disqualification which would follow as a result of such conviction cannot be a ground for staying conviction in a criminal case.“A public servant losing his job which is necessary for his survival has also not to be considered as a …

Constitution Bench Reference in Union of India v. Sriharan [Day 10 - Final Day of Arguments]
9 years, 7 months ago

Constitution Bench Reference in Union of India v. Sriharan [Day 10 - Final Day of Arguments]

Live Law  

at 2 p.m., when Mr. Ranjit Kumar, the Solicitor General continued his arguments in reply to the arguments of the Respondents.The SG argued that under the proviso. Scope of Powers of State Government Restricted under section 432 The SG argued that section 432 CrPC expressly conferred greater powers on the union for matters under sections 432 and 433 CrPC. Scope …

SC rejects Centre's plea against commutation of death penalty for Rajiv Gandhi's killers
9 years, 7 months ago

SC rejects Centre's plea against commutation of death penalty for Rajiv Gandhi's killers

Firstpost  

SC dismissed the plea of the Centre filed against the commutation of death penalty into life imprisonment of convicts in Rajiv Gandhi assassination case. New Delhi: The Supreme Court on Wednesday dismissed the curative petition of the Centre filed against the commutation of death penalty into life imprisonment of three convicts in the Rajiv Gandhi assassination case, granting a fresh …

Criminals in Politics: Law panel recommends new rule for disqualification
10 years, 8 months ago

Criminals in Politics: Law panel recommends new rule for disqualification

India TV News  

New Delhi: Terming the current rule which disqualifies candidates upon conviction "incapable" of keeping criminals away from electoral politics, the Law Commission has recommended that the disqualification should happen after framing of charges in cases punishable by five years in jail or more. The panel's report on 'Electoral Disqualifications', which was tabled in Parliament yesterday, also recommends that the filing …

Rajiv killing conspirators not to be free for now, kin dismayed
10 years, 11 months ago

Rajiv killing conspirators not to be free for now, kin dismayed

India TV News  

The court also said that the constitution bench will also address which is the appropriate government -- state or the centre, or both -- to exercise this power to suspend or remit sentences under relevant section of the Code of Criminal Procedure. The court framed six more questions to be adjudicated, which included whether life imprisonment means imprisonment for the …

Disqualify convicted MPs without further delay: AG
11 years, 5 months ago

Disqualify convicted MPs without further delay: AG

The Hindu  

Vahanvati is said to have opined that the convicted MPs — Rasheed Masood, Lalu Prasad Yadav and Jagadish Sharma — should be disqualified without any further delay and the vacancy notified vis-à-vis Supreme Court’s July 10, 2013, verdict declaring ultra vires Section of the 8 of the Representation of the People Act. While Rasheed Masood is a Congress representative in …

Ordinance to negate verdict on MP’s disqualification?
11 years, 6 months ago

Ordinance to negate verdict on MP’s disqualification?

The Hindu  

As Congress Rajya Sabha MP Rasheed Masood faces the threat of disqualification in view of his conviction under the Prevention of Corruption Act and other IPC sections by the Special CBI court here on Thursday vis-à-vis July 10, 2013, verdict of the Supreme Court, the government is examining whether an ordinance could be promulgated to negate the apex court verdict. …

Centre seeks review of SC verdict on convicted MPs, MLAs
11 years, 7 months ago

Centre seeks review of SC verdict on convicted MPs, MLAs

Firstpost  

The Centre contended that protecting convicted MPs and MLAs from disqualification during pendency of appeal is necessary “to protect the House and to ensure that governance is not adversely impacted”. New Delhi: The Centre today moved the Supreme Court seeking a relook on its two landmark judgements disqualifying MPs and MLAs on being convicted and debarring arrested persons from contesting …

Disqualification of convicted MPs: Review petition filed in SC
11 years, 7 months ago

Disqualification of convicted MPs: Review petition filed in SC

India TV News  

New Delhi, Aug 3: Petitions seeking review of two land mark judgements of Supreme Court disqualifying MPs and MLAs on being convicted and debarring arrested persons from contesting polls have been filed in the apex court. The petition, filed by the President of Haryana Swatantra Party Ramesh Dayal, urged the Supreme Court to review its two verdicts delivered on July …

SC verdict on convicted lawmakers amounts to making law: Katju
11 years, 8 months ago

SC verdict on convicted lawmakers amounts to making law: Katju

Firstpost  

The Supreme Court on Wednesday ruled that elected representative convicted of a crime cannot continue in office no matter wherever they appeal. Jaipur: Press Council of India chairman justice Markandey Katju today expressed reservation over the recent Supreme Court verdict, barring convicted lawmakers from contesting polls, saying it should be reviewed as “judiciary cannot make laws”. The Supreme Court on …

MPs, MLAs to be disqualified from date of conviction: SC
11 years, 8 months ago

MPs, MLAs to be disqualified from date of conviction: SC

India TV News  

New Delhi, Jul 10: The Supreme Court today struck down as ultra vires a provision of the Representation of the People Act which protects a convicted lawmakers against disqualification on the ground of pendency of appeal against their conviction in the higher courts. "The only question is about the vires of section 8 of the Representation of the People Act …

MPs, MLAs to be disqualified on date of criminal conviction
11 years, 8 months ago

MPs, MLAs to be disqualified on date of criminal conviction

The Hindu  

The Supreme Court on Wednesday held that chargesheeted Members of Parliament and MLAs, on conviction for offences, will be immediately disqualified from holding membership of the House without being given three months’ time for appeal, as was the case before. Parliament thus does not have the power under Articles 102 and 191 of the Constitution to make different laws for …

MLAs, MPs convicted for 2 years or more cannot contest polls: historic Supreme Court verdict
11 years, 8 months ago

MLAs, MPs convicted for 2 years or more cannot contest polls: historic Supreme Court verdict

India TV News  

New Delhi, July 10 : In a landmark judgement that could cleanse Parliament and Assemblies of criminals, the Supreme Court today struck down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts. “The only question is about the vires of section 8 of the Representation of …

SC seeks centre's response on plea challenging election law
12 years, 2 months ago

SC seeks centre's response on plea challenging election law

India TV News  

New Delhi, Jan 11: The Supreme Court Thursday asked the central government to file its response to two PILs contending that a provision of India's electoral law was unconstitutional. A bench of Justice A.K. Patnaik and Justice Gyan Sudha Misra asked the government to respond to the contention that sub-section of section 8 of the Representation of People Act, 1951 …

Discover Related