Govt opposes plea seeking ban on convicted politicos from fighting polls

NEW DELHI: The Centre on Tuesday opposed a petition seeking a lifetime ban on convicted politicians from contesting polls and also did not support the idea of having a retirement age for them.

In an affidavit in Supreme Court, the NDA government questioned the judiciary’s jurisdiction to entertain the plea and said the prayer for a lifetime ban was beyond the scope of judicial review.

“The judiciary may step in to fill gaps only where there is a statutory vaccum, but not where a valid law already occupies the field,” it said in the affidavit.

A bench headed by Justice Ranjan Gogoi had asked for Centre’s view on the petition that also demanded setting up special courts to try the cases involving politicians and bureaucrats.

The Election Commission had supported the idea of debarring convicted politicians from forming a political outfit and becoming party office-bearers, saying it would help in cleaning up the political system.

It favoured setting up of special courts, but said the poll panel could not prescribe minimum educational qualifications and a retirement age for politicians.

Ruling out restriction on age, the Centre said, “If the said prayer is granted it will disenfranchise a huge part of the population of this country as many people have not had the benefit of organisation education.”

The government, however, admitted there was a need for electoral reforms, which was a complex, continuous, long drawn and a comprehensive process.

THE GOVT QUESTIONED THE JUDICIARY’S JURISDICTION TO ENTERTAIN THE PLEA AND SAID THE PRAYER FOR A LIFETIME BAN WAS BEYOND THE SCOPE OF JUDICIAL REVIEW