The Supreme Court on Wednesday questioned the Election Commission’s silence on a plea for a permanent ban on convicted lawmakers, in place of the prevalent six-year bar.
A Bench led by Justice Ranjan Gogoi wondered why a constitutional authority should feel constrained to present its views on the issue before the Supreme Court.
The Bench compared the politician to a civil servant. A civil servant could be banished from service for life, but a politician was allowed to make a comeback after serving his sentence and the subsequent six-year ban period prescribed under the Representation of the People Act.
“Why not a life-long ban for them [lawmakers]?” the court asked.
Counsel for the Commission said it was not within its powers to legislate. That was in the Parliament’s domain. “We are not competent authority,” he submitted