Ordinance likely to negate SC verdict on MPs, MLAs

The Centre is likely to promulgate an ordinance to negate a Supreme Court verdict disqualifying MPs, MLAs and MLCs convicted in criminal cases with a jail term of two years or more.

Though the Centre proposed to bring a bill to overturn the apex court order in the monsoon session, it was stalled after the Opposition, particularly the BJP, changed its stand on the issue at the last moment, sources said.

With the government failing to bring an amendment to the Constitution to protect the convicted elected representatives, the Supreme Court order is likely to remain a law for the time being.

However, since both Houses of Parliament were prorogued after the monsoon session, an ordinance can technically be introduced, the sources said.

The government initially proposed to bring a constitutional amendment bill to negate the July 10 verdict. After the Opposition resented the bill, the government introduced the Representation of the People (Second Amendment) Bill, 2013, in the Rajya Sabha to amend sub-section (4) of Section 8 of the Representation of the People Act. 

The amendment bill, which adds a proviso, states that a convicted MP or MLA won’t be disqualified if an appeal is filed within 90 days and the court stays the conviction and the sentence.