Convicted Personalities & Right to Election

The Supreme Court is hearing petitions seeking a lifetime ban on convicted individuals from contesting elections.

• About Legal Provisions under the Representation of the People Act, 1951:

o Section 8(3) of the RP Act, 1951: Disqualifies a person convicted of a criminal offense with a sentence of at least two years. Such a person remains disqualified for six years after release.

o Section 8(1) of the RP Act, 1951: Disqualifies a person convicted under laws for heinous crimes like rape, untouchability (PCR Act), unlawful association (UAPA), and corruption (Prevention of Corruption Act), irrespective of sentence duration, plus six years after release.

• Past Supreme Court Judgments: ADR Case (2002), CEC vs Jan Chaukidar (2013) & Lily Thomas Case (2013)
• Election Commission's Role: Under Section 11 of the RP Act, 1951, allows the EC to remove or reduce the disqualification period of a convicted person.

o EC’s Decision (2019): Reduced disqualification period of Prem Singh Tamang (convicted under Prevention of Corruption Act) from six years to 13 months, allowing him to contest and win a by-election.

• Key facts & Data:
• ADR Report (2024): 46% of 543 elected MPs have criminal cases → 31% face serious charges (rape, murder, attempt to murder, kidnapping).

o Winning chances: 15.4% for candidates with criminal records, compared to 4.4% for clean candidates.

• Law Commission (1999, 2014) & EC: Recommended banning candidates facing charges in offenses punishable by 5+ years.
• Judicial Review: SC should review EC’s power to reduce or remove disqualification for constitutional validity.