In a landmark ruling, the Supreme Court says the so-called MPs, MLAs, who were occupying the hallowed halls of Parliament and state Assemblies on borrowed time as they fought their crimes legally, will be disqualified immediately on their conviction. The ruling also significant as it comes months ahead of the general elections and many state polls.
In a historic judgement that will go a long way in cleansing Parliament and assemblies of criminals, the Supreme Court has struck down a key provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts."The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that itis ultra vires and that the disqualification takes place from the date of conviction," a bench of justices AK Patnaik and SJ Mukhopadhaya said in a landmark judgement Wednesday.
The court, however, said that its decision will not apply to convicted MPs and MLAs who have filed their appeals in the higher courts before the pronouncement of this verdict.The verdict seeks to remove the discrimination between an ordinary individual and an elected law maker who enjoys protection under the RP Act. Under Sec 8(3) of the RPA, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified for that and a further six years after release. But the following sub-section 8(4) says a lawmaker cannot be disqualified for three months from the conviction and if in that period he or she files an appeal against till its disposal by a higher court.
The Election Commission, has in its reports from time to time, has been seeking amendment of the law for removal of the incumbent advantage to elected MPs and MLAs convicted of various offences. But political parties have been resisting change on the ground that ruling dispensations bring false charges out of political vendetta to keep rivals out of election process.According to findings of the lobby group ADR, as many as 162 sitting MPs face criminal charges in various cases of which 76 involve offences punishable with imprisonment of more than five years.Similarly, a total of 1,460 MLAs face criminal charges in various courts. And as many as 30 per cent of these are punishable with more than five years' imprisonment.
Political parties were cautious in their reaction to the judgement. Law minister Kapil Sibal and BJP spokesperson Ravi Shankar Prasad, both lawyers, said they would go through thejudgement and only then come out with their reaction as it has wider legal implications.Sibal parried a question whether the government would seek a review of the judgement while Prasad said BJP would be supportive of any initiative for purifying the political process.CPI leader D Raja said the judgement was quite significant and one would have to wait how the political parties and the Election Commission handle the issue.The apex court's verdict came on petitions filed by a lawyer Lily Thomas and NGO Lok Prahari through its secretary SN Shukla who had sought striking down of provisions of RPA on the ground that they violate certain constitutional provisions which, among other things, expressly put a bar on criminals getting registered as voters or becoming MPs or MLAs.
The PILs had said that certain sections of RPA allow convicted lawmakers to continue in office while their appeals are pending and thus those provisions are "discriminatory and encourage criminalisation of politics". Meanwhile, reacting to the ruling, political parties have pushed for electoral reforms as the government said it would hold consultations before deciding on the next step. Most parties reacted cautiously to the landmark verdict saying it was important, but would have to be studied before making a comment.
Law minister Kapil Sibal said the government 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."We will first read the verdict and see its impact on politics. We shall consult everybody and give our reaction,"he said.He refused to comment on whether government will appeal against the verdict or amend the Representation of the People Act to overturn the verdict, adding any decision will be taken after consulting everybody, including political parties.
AICC general secretary Ajay Maken said Congress has always been supportive of bringing electoral reforms. "As far as this order is concerned, we will see what the
SC has said.BJP vice-president Mukhtar Abbas Naqvi said in the light of the SC order, the process of electoral reforms should be expedited and the government should take steps in this regard on a priority basis."Everybody is in favour of free and fair polls as it relates to the credibility of democracy and Parliamentary system…elections should be free of muscle and money power."Party leader Ravi Shankar Prasad said he would not like to comment as he has not seen the verdict. "BJP always welcomes any step aimed at purifying and strengthening the political system. Serious questions having wider ramifications about this issue have been raised from time to time," he said.
Describing the judgement as an "important one", CPI leader D Raja said, "It is going to have a very serious implication on the entire polity. Political parties will have to study the judgement so that they will get benefited. They will have to educate their own cadres." He said the question is as to how this is going to be implemented."The Election Commission will have to study the judgement and Parliament will have to take a position on RP Act," he said.
