SC Rules that Convicted MPs and MLAs Cannot Remain in Office Wednesday July 10,2013

The Supreme Court on Wednesday July 10,2013 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 SC's verdict came on the petitions filed by Lily Thomas and NGO Lok Prahari through its secretary S N 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"

Amul comments on Supreme Court's ruling, which bared jailed politicians from contesting polls

CEC hails order on disqualification of MPs, MLAs

Chief Election Commissioner V.S. Sampath on Thursday July 11,2013 hailed the Supreme Court judgement disqualifying MPs and MLAs instantly on their conviction for criminal offences, saying it was “long overdue” and one that would clean the electoral process.

“It was long overdue. There cannot be any distinction between elected individual and non-elected individual. Hope that the Supreme Court order will clean the process,”