Thursday, July 11, 2013

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 10th 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.

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