Agreeing to review its judgement on barring people in lawful custody from contesting elections, the Supreme Court on Wednesday infused hope in the politicians preparing for the upcoming assembly elections.
Agreeing to review its judgement on barring people in lawful custody from contesting elections, the Supreme Court on Wednesday infused hope in the politicians preparing for the upcoming assembly elections.
Although the apex court dismissed Center’s plea for reviewing its earlier ruling of barring convicted MPs and MLAs from contesting election, it accepted that the Act was clumsy and that the legislatures can deal with the lacunae.
On July 10, the court had held that an MP or MLA convicted of any criminal offence attracting a punishment of two years and above will be disqualified immediately and a person, who is in jail or in police custody, cannot contest election to legislative bodies. Moreover, it also declared the three-months appeal period given under the Act to MPs and MLAs for saving their seats as unconstitutional. It had said that Parliament has exceeded its powers by enacting the provision (Section 8(4) of the Representation of Peoples Act) that gives a convicted lawmaker the power to remain in office on the ground that appeals have been filed and pending.
Interestingly, the government justified the protective provision for elected member on the ground that the rate of acquittal in Indian judicial system is high and if the elected member is once disqualified on being convicted then his membership of the House cannot be restored after his acquittal. The Center had also contended that protecting convicted MPs and MLAs from disqualification during pendency of appeal is necessary “to protect the House and to ensure that governance is not adversely impacted”.
Questions were also raised as on why the Center, which was a party to the case, was not present during any of the proceedings of the court while the case was being heard.
While SC’s ruling is being welcomed by the public, it has sent panic across the political circuits. The review is being restlessly awaited as it would seal the fate of even top leaders cutting across the party lines. Not only it will weaken the position of the leaders, it will also change the political paradigm in the coming elections.
While the parliament is enjoying the extended monsoon session, chances are that the government will move its own amendments to the law for its own benefit.
Whatever course of action may lie in the future, the whole situation hinges on SC’s review today.
