The Supreme Court on Friday sought a response from the Centre on a plea challenging the constitutional validity of Section 11 of the Representation of the People Act, 1951.
The plea was argued by retired IAS officer S.N. Shukla on behalf of his NGO. Lok Prahari.
The provision in the Act entrusted the Election Commission with the power to remove or reduce the period of disqualification of a legislator.
During the hearing, Shukla contended before the apex court that the provision should either be struck down or read down since it suffered from the vice of “excessive delegation”.
Shukla made submissions before a bench comprising Chief Justice U.U. Lalit and Justice Bela M. Trivedi.
After hearing the arguments, the bench issued a notice to the Central government and others.
The bench asked him what was so bad about Section 11, adding that Parliament itself felt that power could be delegated to the Election Commission.
Shukla pressed that the delegation of power amounted to excessive delegation.
After hearing submissions from Shukla, the bench issued notice and scheduled the matter for further hearing on December 5.