SC says MPs, MLAs convicted in criminal cases can't stay in office Read m

[SirHatesALot]

The Supreme Court on Wednesday struck down the legal provision that protected a lawmaker from disqualification even after conviction in a criminal case.

The court termed as ultra vires a section of Representation of the People Act that allowed a convicted lawmaker to remain in office till pendency of the appeal.
Special:Indian politicians are saints

However, lawmakers who have already filed appeals against their conviction before pronouncement of the verdict would not get affected, the court said.


Read more at: SC says MPs, MLAs convicted in criminal cases can't stay in office : North, News - India Today

SC says MPs, MLAs convicted in criminal cases can't stay in office : North, News - India Today

 

[SirHatesALot]

The Supreme Court today struck down as ultra vires a provision of the Representation of the People Act which protects a convicted lawmakers against disqualification on the ground of pendency of appeal against their conviction in the higher courts.

"The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction," a bench of justices A K Patnaik and S J Mukhopadhaya said.

The court, however, said that its decision will not apply to MPs, MLAs or other lawmakers who have been convicted and have filed their appeals in the higher courts before the pronouncement of this verdict.
The provision of RPA says that a lawmaker cannot be disqualified in the event of his conviction in a criminal case if he or she files an appeal in the higher court.

The top court's verdict came on the petitions filed by Lily Thomas and NGO Lok Prahari through its secretary SN Shukla who had sought striking down of various provisions of RPA on the ground that they violate certain constitutional provisions which, among other things, expressly put a bar on criminals getting registered as voters or becoming MPs or MLAs.

The PILs had said that certain sections of RPA allow convicted lawmakers to continue in office while their appeals are pending and thus those provisions are "discriminatory and encourage criminalisation of politics".

Convicted lawmakers cannot stay in office, says Supreme Court | NDTV.com

 

[Manindra]

We want right to reject act also which can teach many evil goons in politics.

 

[Bhai Zakir]

Very good decision

 

[Parul]

Very good decision

SUPREME COURT deserve appreciation only if; they are able to force it in upcoming elections! History doesn't support this!

 

[third eye]

They must already be thinking of some way to get around this.

Does kalmadi meet the requirements to get the boot ? How many others are affected ?

 

[jpsingh]

A Good news after long time.

 

[Iggy]

Then again our government rises up to the occasion and did not disappoint the people!!


Government likely to appeal against SC order on convicted MPs, MLAs: Sources

New Delhi: The government will likely appeal against a landmark Supreme Court order that struck down the legal provision which protects a lawmaker from disqualification even after conviction in a criminal case, sources said. The government feels the latest ruling will lead to a political witch-hunting, sources added.
"Have to see the order on disqualification and decide what to do next. It also says three months reprieve. We can work and discuss this," Law and Telecom Minister Kapil Sibal said.
The apex court ruled on Wednesday that MPs or MLAs shall stand disqualified from holding the membership of the house from the date of conviction in a trial court. The court held Section 8(4) of the Representation of the Peoples Act as ultra vires. The section allows a convicted lawmaker to remain in office till the pendency of appeal.

This ruling could see several lawmakers in both Parliament and state assemblies lose their seats. But lawmakers who have already filed appeals against their conviction before the pronouncement of Wednesday's verdict will not get affected.
As many as 31 per cent Members of Parliament (MPs), legislators (MLAs/MLCs) have criminal cases pending against them in police record, according to study done by the National Election Watch and Association of Democratic Reforms (ADR). According to a report out of the 4,835 MPs and MLAs in the country, 1,448 are facing criminal cases.
Out of 543 Lok Sabha MPs, 162 have criminal cases pending against them with 75 facing serious criminal charges. Out of these 1448 members who have declared criminal cases, 641 have declared serious criminal cases like rape, murder, attempt to murder, kidnapping, robbery, extortion etc. Six MPs/MLAs/MLCs have declared rape charges in their affidavits.
But the political class, just like the verdict on bringing parties under the RTI, could close ranks and try to negate the ruling while the BJP said that such verdicts need to be studied before making any comment.
"If you are convicted, you cannot contest elections. However, if you are a sitting MP or MLA, and if your appeal is accepted, then you can retain the position. A lot of questions have been raised on the verdict. Many also termed it discriminatory. The party will comment on this later after studying the court verdict," said BJP spokesperson Ravi Shankar Prasad.
Former chief election commissioner SY Quraishi called the ruling a "landmark judgement". "The impact will be great in cleaning up the political system," he said


Government likely to appeal against SC order on convicted MPs, MLAs: Sources

 

[IndoCarib]

NEW DELHI: The days of politicians fighting elections from jail are over. The Supreme Court has ruled that a person, who is in jail or in police custody, cannot contest elections to legislative bodies.

The far-reaching order was passed by the apex court along with its landmark verdict that MPs, MLAs and MLCs would be disqualified the day they are convicted. This double whammy against criminals in Indian legislatures is expected to go a long way in cleaning up politics.

Double whammy: Netas in jail can’t fight polls, Supreme Court says - The Times of India

 

[IndoCarib]

Here's a long list of jailed politicians whose careers may end soon

Big Politicians in Jail ? NDTV.com Photo Gallery

 

[surya kiran]

There are enough loop holes. Their spouse will stand for election. Big deal. This is India.

The requirement is to make the law even more stringent, like freezing all assets and accounts of the criminals and tranferring it to the State kitty. Sending them to jail is of no use. Cut the most important weapon they have, money.

 

[kena]

There are enough loop holes. Their spouse will stand for election. Big deal. This is India.

The requirement is to make the law even more stringent, like freezing all assets and accounts of the criminals and tranferring it to the State kitty. Sending them to jail is of no use. Cut the most important weapon they have, money.

Likely to be misused heavily. especially where it says that if in jail even without conviction you can't contest. Now all that is needed to immobilize a strong opponent will be to get him arrested on some trumped up charge and manage the judiciary for not granting bail.

I fear it may even be used against Modi in Ishrat Jahan matter. The High court judges are already heavily partisan against him.

 

[third eye]

Well at least a beginning has been made .

It took the SC to rub it in. With time it should get more stringent.

Lets see how the Govt appeal goes.