New Delhi: The centre has opposed the petition seeking lifetime ban on politicians convicted of a crime to contest elections. It said that the plea is devoid of merits and does not justify the challenge to the vires of the statutory provisions under the Representation of People Act,1951.
The demand for banning convicts for a lifetime was added after amending the original plea. The government has said in the original plea debarring people from judiciary, legislative and executive was sought and therefore the new amendment will serve no purpose.
"In so far as the conditions of service of public servants, not being elected representatives, is concerned, the same is regulated by their respective service laws, including recruitment rules etc. Thus, there is no justification for the challenge to the vires or the said of the said provision of the RPA, as made out in the amendment application," read the response of the government.
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"Without prejudice to the aforesaid preliminary objection, it is stated that there are no specific, 'service conditions' laid down in respect of elected representatives albeit, the fact that the people's representatives are public servants. The elected representatives are ordinarily bound by the oath that they have taken, to serve the citizens of the constituency in particular and the country in general.
Their conduct is bound by propriety, good conscience and they are expected to generally work in the interest of the nation. They are already bound by disqualifications in terms of RPA,1951 as well as various directions and precedents as laid down by this Hon'ble Court from time to time. It is submitted that the elected representatives are not above the law and are equally bound by the provisions of various statutes in force.
The offences defined in IPC, as well as any other laws for the time being in force, are applicable to elected representatives also. It is thus submitted that there is no apparent discrimination between public servants and elected representatives, in so far as any offences committed by either are concerned," submitted the centre.
However, the Election Commission of India (ECI) has supported the petition saying that it is necessary for decriminalizing the politics.
