Political career for Indian Youth-Supreme Court rules a person in jail or in police custody is not entitled to contest election for legislative bodies

Supreme Court rules a person in jail or in police custody is not entitled to contest election for legislative bodies

The Supreme Court has ruled that a person in jail or in police custody is not entitled to contest election for legislative bodies. This brings an end to the era of under trial politicians fighting polls from behind bars.

In another path breaking verdict to prevent criminal elements from entering Parliament and state assemblies, the apex court ruled that only an elector can contest the polls and the elector 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 will not be applicable to person subjected to preventive detention under any law.

Referring to the Representation of Peoples' Act, a bench of justices A K Patnaik and S J Mukhopadhayay said that the Act (Section 4 & 5) lays down the qualifications for membership of the House of the People and Legislative Assembly and one of the qualifications laid down is that he must be an elector.

The court passed the order on an appeal filed by the Chief Election Commissioner and others challenging a Patna High Court order barring people in police custody to contest polls.

Earlier in a landmark judgement yesterday, the same bench had struck down a provision in the the Representation of Peoples Act that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts. The bench had also made it clear that MPs, MLAs and MLCs will stand disqualified on the date of conviction.

Political career for Indian Youth-MPs and MLAs to be disqualified from membership of legislature from the date of conviction in criminal charges, rules Supreme Court.

MPs and MLAs to be disqualified from membership of legislature from the date of conviction in criminal charges, rules Supreme Court.

The Supreme Court has ruled  (on 10^th July 2013) that MPs and MLAs have to quit if they are convicted of a crime and they cannot stay on regardless of appeals to higher courts. The Court struck down a provision in the Representation of Peoples, act that protects convicted MPs and MLAs from disqualification if they appeal to a higher court. The verdict however, will not affect Lawmakers who have already filed appeals against their conviction.

The verdict seeks to remove the discrimination between an ordinary individual and an elected law maker who enjoys protection under the RP Act.

The Election Commission, in its reports from time to time, has been seeking an amendment of the law for the removal of the incumbent advantage to elected MPs and MLAs convicted of various offences.

Reacting to the top court's ruling the Government was cautious, saying it will go through the detailed judgement to see its impact on the politics of the country and hold consultations before deciding on the next step. Law Minister Kapil Sibal said in New Delhi that political parties will be consulted on the issue.

The Congress welcomed the Supreme Court judgement. Talking to reporters in New Delhi party spokesperson, Renuka Choudhary said that the Congress has taken many steps to bring transparency in government functioning including the Right to Information.

Echoing similar views, BJP leader Ravi Shankar Prasad said his party always supported any move that brings transparency in public life.