The Supreme Court questioned if a criminal conviction can automatically bar someone from forming a political party, calling it a key constitutional issue under Article 19. The case, based on a 2017 PIL, challenges loopholes allowing convicted leaders to still head parties.
New Delhi: On August 12, the Supreme Court raised an important question about election rights, asking whether a person convicted in a criminal case can be automatically stopped from forming a political party.
Justice Surya Kant, speaking during the hearing, said,
“Merely because a person has been disqualified from exercising a statutory right, can we deprive them of their constitutional right?”
The court was hearing a Public Interest Litigation (PIL) filed in 2017 by Advocate Ashwini Kumar Upadhyay. His petition seeks to stop convicted people from forming political parties or giving party tickets to candidates.
The case focuses on how Section 29A of the Representation of the People Act, 1951, should be interpreted.
This section deals with the registration of political parties. The key issue is whether the Election Commission of India can cancel the recognition of a political party if its top leaders are convicted criminals.
Advocate Upadhyay argued that under the current law, a person who is banned from voting or contesting elections can still create a political party—even from jail—and can hold important positions.
He pointed to examples of well-known leaders like Lalu Prasad Yadav, O.P. Chautala, and V.K. Sasikala, who, despite being convicted in criminal cases, still hold significant political influence.
During the hearing, Justice Kant asked a thought-provoking hypothetical question:
“If Parliament tomorrow enacts a law barring anyone above 80 from holding public office, can you also stop them from leading a political party?”
He further remarked that changes to election laws are mainly the responsibility of Parliament, but the right to form an association is a constitutional right under Article 19, which should not be restricted without strong justification.
The Union Government, in its written response, said that choosing political party leaders is an internal matter for the party itself. It also said the Election Commission has no legal authority to deny registration of a political party just because its leaders have a criminal background.
The government pointed out that various electoral reform proposals, including those in the Law Commission’s 255th report, are still being studied.
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Right now, Section 29A only allows a political party to be removed from the register for reasons that have nothing to do with the personal background or criminal record of its leaders.
The bench, made up of Justices Surya Kant and Joymalya Bagchi, said the issue is “worth consideration” and postponed the case for further hearing.
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