Archive for ◊ July, 2013 ◊

• Wednesday, July 10th, 2013

Convicted MPs And MLAs Are Disqualified The Moment They Are Convicted And An Appeal Is IrrelevantThe Supreme Court of India has once again come to the rescue of true Democracy of India. Indian politics is marred with criminal elements and they remains in active politics even if they are convicted by Indian courts.

The convicted politicians have been bypassing the disqualification attached to a conviction by simply filing an appeal against the order convicting them. Since it takes decades to finally decide the issue, till then they openly engage in politics even with their criminal acts and convictions.

The Supreme Court on Wednesday struck down as ultra vires a provision of the Representation of the People Act which protects convicted lawmakers against disqualification on the ground of pendency of appeal against their conviction in the higher courts.

A Bench of justices AK Patnaik and SJ Mukhopadhaya observed that the only question is about the vires of Section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction.

The Bench gave the judgement a prospective effect and held that the decision will not apply to MPs, MLAs or other lawmakers who have been convicted and have filed their appeals in the higher courts before the pronouncement of this verdict.

This is a good judgment and it would help a lot in decriminilisation of Indian politics that is full of criminals and offenders. Indian government must give chance to those who are honest, fair and young.

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