Published on Thursday, July 11, 2013
India's Supreme Court verdict to keep criminals out of power
IANS


Latest News

 
In a landmark judgment, the Supreme Court Wednesday declared unconstitutional the provision of the Representation of the People Act that allows elected representatives to continue as members of the elected bodies even after conviction in criminal cases.

"If because of a disqualification a person cannot be chosen as a member of parliament or state legislature, for the same disqualification, he cannot continue as a member of parliament or the state legislature," the court said.

"Parliament does not have the power under Articles 102(1)(e) and 191(1)(e) of the constitution to make different laws for a person to be disqualified for being chosen as a member and for a person to be disqualified for continuing as a member of parliament or the state legislature," said the apex court bench of Justice A.K. Patnaik and Justice S.J. Mukhopadhaya.

"The language of Articles 102(1)(e) and 191(1)(e) of the constitution is such that the disqualification for both a person to be chosen as a member of parliament or the state legislature or for a person to continue as a member of parliament or the state legislature has to be the same."

The judgment would come into effect from Wednesday.

Justice Patnaik said: "Sitting members of parliament and state legislature who have already been convicted for any of the offences... (and) saved from the disqualifications by virtue of sub-section (4) of Section 8 of the Act should not, in our considered opinion, be affected by the declaration now made by us in this judgment."

"This is because the knowledge that sitting members of parliament or state legislatures will no longer be protected by sub-section (4) of Section 8 of the act will be acquired by all concerned only on the date this judgment is pronounced by this court," the court said.

"...if any sitting member of parliament or a state legislature is convicted of any of the offence and by virtue of such conviction and/or sentence suffers the disqualifications after the pronouncement of this judgment, his membership of parliament or the state legislature, as the case may be, will not be saved by subsection (4) of Section 8 of the act which we have by this judgment declared as ultra vires the constitution", the court said.

Subsection 4 of Section 8 of the Representation of the People Act permits an elected representative to continue in the legislature or parliament even after he or she has been convicted of a criminal offence, provided he or she gets a stay on the conviction and sentencing by a higher court.

Under this provision of the Act, such a person can even contest elections after the existing house has been dissolved. However, a similar right to contest an election is not available to a convict who is not a member of a state legislature or parliament.

The court said this while allowing two public interest litigations Lily Thomas and NGO Lok Prahari.

The petitioners said subsection 4 of Section 8 of the Act shielded elected representative with criminal antecedents. iv>


Express your comment on this article


Name  
Email    
Comment
characters remaining  
Human Verification Code Type the Numbers you see in the picture below.


Disclaimer: The views expressed here are strictly personal and IndiansinKuwait.com does not hold any responsibility on them. We shall endeavour to upload/publish as many of the comments that are submitted as possible within a reasonable span of time, but we do not guarantee that all comments that are submitted will be uploaded/published. Messages that harass, abuse or threaten other members; have obscene, unlawful, defamatory, libellous, hateful, or otherwise objectionable content; or have spam, commercial or advertising content or links are liable to be removed by the editors. We also reserve the right to edit the comments that do get published. Please do not post any private information unless you want it to be available publicly.
IIK Special...
Image
Heartfulness Relaxation and Meditation
According to an ancient Indian scripture, “ Yoga is the journey of the self, through the self, to ...

Image
Magical Moments with 'Jorge Ramirez Escudero': The Multi-instrumentalist Spaniard
Jorge Ramirez Escudero, `Multi-instrumentalist and one man orchestra’ `Spaniard with a Golden Voi...

Image
My Cup of Tea
The art of making tea is part of the culture of many nations. While there may be variations in prep...

Image
It is infectious…
Farhad is a salesman at a shop selling watches… Rasheed runs a tailoring shop in Salmiya… ...

12345678910...
IIK Dine Out...
Image
Biryani & Kebabi restaurant opened at Arabia Mall in Egila
Biryani & Kebabi is the newest addition to Al Sabah & Kohli food and beverage brands. Al Sabah & Ko...

Image
Indulge in the luxury of Indian dinner every Tuesday at Jumeirah’s Garden Café
We all love luxury. We have many occasions to celebrate life luxuriously. Be it our anniversary, bi...

Image
A delightful treat to our taste buds- Samrat Restaurant Weekend Buffet.
Delicious Food.. Good Company with Family or friends ... That’s what all look for on a weekend. B...

Image
Enjoy the Luxury of Healthy Breakfast
Who doesn’t like to sip a hot chocolate or hot coffee with yummy and healthy English breakfast in a...

Image
Enjoy the traditional Kuwaiti taste at Freej Swaileh Restaurant
Have been in Kuwait for years, but never tried an authentic Kuwaiti Food! There is a Phrase "When i...

IIK Sports...
Image
Kuwait Indian Football League Set For Grand Finale
Most football league across the globe have ended, winners declared and celebrations done. The K...

Image
Boubyan Bank Lifts Watani Trophy NBK Bags Plate Trophy
Boubyan Bank lived up to their reputation of being a top notch team in the Banking cricketing leagu...

Image
Don Bosco Oratory announces Ramadan Sports Mania 2016
DON BOSCO ORATORY Kuwait is once again pleased to Announce the annual “Ramadan Sports Mania 2016” ...

What's On...
Its your portal, its your platform, so get involved.




NEWS
WHATS'ON
ASSOCIATION NEWS
EDUCATION
IIK TECH
LIFE STYLE
YATRA
DINE-OUT
AUTOMOBILE
IIK YOUNG REPORTER
CLASSIFIEDS
FORUM
GREETINGS
IIK SPORTS
ENTERTAINMENT
PLACES IN KUWAIT
CONTACT US