SC notice to Centre on PIL against EC's power to reduce disqualification period

The Supreme Court on Friday issued notice to the Union government on a PIL, challenging the constitutional validity of Section 11 of the Representation of the People Act, 1951.

The provision entrusted the Election Commission with the power to remove or reduce the period of disqualification of a legislator.

A bench of Chief Justice U U Lalit and Justice Bela M Trivedi agreed to examine the matter and sought a response from the Centre and others, after hearing retired IAS officer S N Shukla on behalf of his NGO 'Lok Prahari'.

In his submission, Shukla submitted that the provision should either be struck down or read down as it suffered from the vice of "excessive delegation".

During the hearing, the bench quizzed Shukla, "What is so bad about Section 11? Parliament itself felt that power could be delegated to the Election Commission."

Shukla, however, contended that the delegation of power amounted to excessive delegation.

On this, the bench sought a response from the Union government and put the matter for consideration on December 5.