Press Esc to close
Saturday 31 January 2015
News updated at 2:54 AM IST
Weather
Max: 28°C
Min : 17°C
In Bengaluru
Sunny day

Disqualifying MPs, MLAs on conviction: Govt may seek review

New Delhi, Aug 2, 2013 (PTI):
 Union Minister for Communication and Information Technology, Kapil Sibal, speaks to media during the launch of 'e- Gov Appstore' in New Delhi on Friday. PTI Photo

Seeking to negate the two Supreme Court verdicts on lawmakers, one of which disqualifies MPs and MLAs from the House immediately upon their conviction, government may approach the apex court for a review and also go for a "legislative remedy" by amending the current laws.

Law Minister Kapil Sibal today said the government will discuss and decide in the coming days on the two verdicts.

"We could go back to the Supreme Court saying you ignored certain aspects," he told reporters.

In reply to a question, he said the government could also seek a "legislative remedy" by approaching Parliament.It means bringing an amendment bill in Parliament.

"Talks with various political parties are on...whatever decision is taken will be based on consensus," he said.

He said while government respects SC orders, "it is possible that the decisions have political repercussions on the political system and that it has not been fully examined."

Sources said the government feels that the Supreme Court bench that pronounced the judgement did not take into account the fact that the issue of constitutionality of sub-section (4) of Section 8 of the Representation of the People Act had already been settled by a five-judge bench in 2005.

This matter should have been decided by a constitution bench of the court.

In its July 10 judgement,the apex court struck down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.

The apex court also made it clear that MPs, MLAs and MLCs would stand disqualified on the date of conviction.

The court said 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.

In another order it said that a person, who is in jail or in police custody, cannot contest election to legislative bodies.

The apex court ruled that only an "elector" can contest the polls and he/she ceases the right to cast vote due to confinement in prison or being in custody of police.

The court, however, made it clear that disqualification would not be applicable to person subjected to preventive detention under any law.


Go to Top

Photo Gallery
A visitor takes a 'selfie' in front of an exhibit titled 'Circle Uncircled' by artist Rahul Kumar...

A visitor takes a 'selfie' in front of an exhibit titled 'Circle Uncircled' by artist Rahul Kumar...

A tightrope walker is silhouetted against the setting sun as she holds a balancing pole...

A tightrope walker is silhouetted against the setting sun as she holds a balancing pole...

Prime Minister Narendra Modi paying homage to Mahatma Gandhi on the occasion of his death...

Prime Minister Narendra Modi paying homage to Mahatma Gandhi on the occasion of his death...

President Pranab Mukherjee paying tributes to father of the nation, Mahatma Gandhi...

President Pranab Mukherjee paying tributes to father of the nation, Mahatma Gandhi...

Lawyers stop a train at Moradabad Railway Station on Friday during a protest demanding...

Lawyers stop a train at Moradabad Railway Station on Friday during a protest demanding...

An elderly woman and a boy stand outside their house with walls damaged in alleged firing from...

An elderly woman and a boy stand outside their house with walls damaged in alleged firing from...

New recruits of the Indian Border Security Force (BSF) take oath during a graduation ceremony...

New recruits of the Indian Border Security Force (BSF) take oath during a graduation ceremony...

A groom leads his horse in the equine pool after working out on the track, during early morning...

A groom leads his horse in the equine pool after working out on the track, during early morning...

A handler bathes a horse after a training session ahead of the Indian Derby in Mumbai...

A handler bathes a horse after a training session ahead of the Indian Derby in Mumbai...

Ladakhi women offering prayers during the inauguration of traditional Buddhist prayer...

Ladakhi women offering prayers during the inauguration of traditional Buddhist prayer...

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523