Welcome Guest! You are here: Home » National
Convicted MPs, MLAs can't stay in office: SC
Wednesday July 10, 2013 5:55 PM, Agencies

The Supreme Court on Wednesday 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 verdict came in response to a petition that said that allowing such lawmakers to stay in office was "discriminatory and encouraged criminalization of politics'.

The petition sought to highlight the dichotomy in the laws that allow convicted lawmakers to stay on but ban a person convicted and sentenced to a term of over two years from even contesting an election.

Reacting to the verdict, Law minister Kapil Sibal said: "We are studying it and will hold consultations."


Share this page
Note: By posting your comments here you agree to the terms and conditions of www.ummid.com
comments powered by Disqus
| Quick links
About ummid.com
Contact us
Subscribe to: RSS » Facebook » Twitter » Newsletter
Ummid.com: Disclaimer | Terms of Use | Advertise with us | Link Exchange
Ummid.com is part of the Awaz Multimedia & Publications providing World News, News Analysis and Feature Articles on Education, Health. Politics, Technology, Sports, Entertainment, Industry etc. The articles or the views displayed on this website are for public information and in no way describe the editorial views. The users are entitled to use this site subject to the terms and conditions mentioned.
© 2012 Awaz Multimedia & Publications. All rights reserved.