Supreme Court to Consider if Conviction Bars Politicians from Heading Parties
The court’s bench said statutory disqualification cannot ipso facto negate Article 19 rights, with the government arguing Section 29A does not empower the Election Commission to regulate party leadership.
Overview
- On August 12, a bench of Justices Surya Kant and Joymalya Bagchi agreed to examine whether conviction-based disqualification under the Representation of the People Act can bar someone from heading a political party.
- Justice Surya Kant observed that losing a statutory right to vote or contest does not automatically strip the fundamental right under Article 19 to form associations or political parties.
- The Union Government filed an affidavit opposing the PIL, asserting that appointments to party leadership are an internal matter and that Section 29A gives the Election Commission no power to refuse or cancel party recognition on criminal grounds.
- Advocate Ashwini Kumar Upadhyay’s 2017 petition challenges a perceived loophole in Section 29A by naming high-profile convicted or accused leaders who remain in senior party roles despite disqualification.
- The Supreme Court has posted the matter for a detailed hearing on November 19, 2025, setting the stage for legal clarity on balancing constitutional freedoms with statutory disqualifications.