Friday, July 12, 2013
Disqualification of criminal law. makers
On Wednesday,Supreme Court of India struck down section 8(4) of Representation of People's Act and termed it ultravires as it was violative of Right to Equality granted under Article 14 of the Constitution and Article 102(1)(E) which deals with disqualification of candidates from contesting an election.There was a dichotomy in the election law which on the one hand permitted a sitting MP or MLA or MLC convicted after election to complete his or her term during the pendency of an appeal,but barred a person convicted and sentenced to a term of over two years from even contesting an election.
Maya Kodnani,a former minister in Narendra Modi cabinet was sentenced 28 years jail term ,but still she continued to remain an MLA as he appeal was pending in the High Court. In Jharkhand,Savna Lakda,a Congress MLA who has been convicted on murder charge,but still is an MLA ,though in jail will also forfeit his membeship with this judgement.There are many leaders who have been convicted for three to six years term in corruption cases,still they continued to remain honourable members.
According to Section 8, a convicted person sentenced to an imprisonment of over two years stands disqualified from contesting elections for six years 'since his release'. But if theconviction is for dowry, food adulteration, hoarding and Sati offences, the same bar applies if the sentence is over six months. Further, mere conviction is enough to bar a person for six years if the offence relates to untouchability, TADA, insult to flag, Clause (4), however, carves out an exception. If the convicted person is a sitting MLA or MP, he can continue to be a member till the dissolution of the House if he files an appeal within three months.The Supreme Court found this section ultravires and it will have an immediate effect.Law may be changed in the Parliament later or,the government can go in an appeal to a five membes constitution bench on the issue.But,its effect shall be instant.
Convicted elected representatives -MPs and legislators cannot contest fresh elections during the pendency of appeal. For the purpose of filing of nominations, he or she would stand disqualified like any other candidate who had been sentenced for a term of over two years. In other words, a legislator who has been sentenced to over two years imprisonment is not qualified to become an MP or MLA for a fresh term, but sub-section 4 of Section 8 of the RPA provides him protection against such disqualification if he ot dhr is convicted after his election.
Convicted elected representatives -MPs and legislators cannot contest fresh elections during the pendency of appeal. For the purpose of filing of nominations, he or she would stand disqualified like any other candidate who had been sentenced for a term of over two years. In other words, a legislator who has been sentenced to over two years imprisonment is not qualified to become an MP or MLA for a fresh term, but sub-section 4 of Section 8 of the RPA provides him protection against such disqualification if he ot dhr is convicted after his election.
The elected representatives of panchayati raj institutions and municipal bodies too would be covered under the same provisions as for MPS and legislators.
The Supreme Court judgement will have far reaching effect not only on the election system,but also on the large number of cases pending in the High Court or Supreme Court filed in appeal by the honourable members who have challenged their convictions for over two years.These appeals may become infructious now and the verdict of the two members bench of Supreme Court will have an overriding effect.Literally and legally,Supreme Court has given a final decision on such appeals and declared them disqualified with immediate effect.
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