Press Esc to close
Friday 12 February 2016
News updated at 12:58 PM IST
Weather
Max: 32°C
Min : 19°C
In Bengaluru
Partially cloudy

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
Relatives of Lance Naik Hanumanthappa Koppad mourn his death at his home in Betador in Hubli...

Relatives of Lance Naik Hanumanthappa Koppad mourn his death at his home in Betador in Hubli...

Vehicles stranded at Jawahar Tunnel, which connects the valley to the rest of the country during...

Vehicles stranded at Jawahar Tunnel, which connects the valley to the rest of the country during...

Girls taking selfie during the lok Mela at Punjabi University in Patiala...

Girls taking selfie during the lok Mela at Punjabi University in Patiala...

President Pranab Mukherjee walks at the Mughal Gardens at Rashtrapati Bhavan during its press...

President Pranab Mukherjee walks at the Mughal Gardens at Rashtrapati Bhavan during its press...

Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi inspects guard of honour during...

Sheikh Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi inspects guard of honour during...

Gold medal winners Prarthana Thombare and Sharrmadaa Baluu of India, pose during the presentation...

Gold medal winners Prarthana Thombare and Sharrmadaa Baluu of India, pose during the presentation...

Bangladesh Goalkeeper Md Rasel Mahmud in action against Nepal during the group matches of the...

Bangladesh Goalkeeper Md Rasel Mahmud in action against Nepal during the group matches of the...

Shooters of India and Pakistan take part in the individual 25m center fire pistol men's...

Shooters of India and Pakistan take part in the individual 25m center fire pistol men's...

Sri Lanka's Nalantha De Silva, right approaches as India's P.L.Thiamanna, tries to control the...

Sri Lanka's Nalantha De Silva, right approaches as India's P.L.Thiamanna, tries to control the...

T Gopi of India winner of gold medal (front ) and Suresh Kumar of India winner of silver medal...

T Gopi of India winner of gold medal (front ) and Suresh Kumar of India winner of silver medal...

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