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.
Express your comment on this article
 
chitan
Posted on Wednesday, July 17, 2013
First supreme court judges surrender their black money to the government and ask all polities leaders to surrender their black money to government and implement the new low.
Girish babu
Posted on Monday, July 15, 2013
Let us Welcome this verdict, whole heartedly and force to impliment this verdict. Because, the politicians are not going to allow this verdict to stand and many of them will enforce to cancell this verdict, before implimenting. Most of them are have criminal background in one or the other reasons.
durai
Posted on Thursday, July 11, 2013
let us all whole heartedly appreciate this wonderful verdict. let us hope the same will be implemented with immediate effect. may we exprct there are no loop holes in this. and we should wait and see our political paty/leaders are going to do? by their action people can understanf the mindset.
ahmed khan
Posted on Thursday, July 11, 2013
CRIMINALS ARE NOT THERE IN POLITICS , THOSE WHO VOTE FOR THEM ARE CRIMINALS !!! HAHAHAHA
KT
Posted on Thursday, July 11, 2013
Very good judgement by S.C. This should have brought long back,but seems difficult that The corrupt politician will follow this law.
jo bole so nihaal
Posted on Thursday, July 11, 2013
heheheh....watta joke... and wat about the crooks who have amassed a fortune for 1000 years already and already had assigned their generation on the power seats.... Wat about the cannibal ...awaiting the ruling of the so-called secular india..
RKS
Posted on Thursday, July 11, 2013
Awesome decision.


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
Anvesha – A Quest to Harmonize Cultures
An Enthralling musical evening by Malini and Marius If classical music is all about serene and s...

Image
The Mega Rupee Strength!
During the last 15 months, Euro fell by nearly 25%, Brazilian Real by 30%, Russian Ruble by 50% a...

Image
Will Budget Bring So Called “ Achche Din”?
Few days back there was interview of veteran financial expert & banker Mr. Deepak Parekh. In which ...

Image
Lawrence D’Souza – the service minded business man
The highest medal that can be awarded to the laity and the religious by the Pope, Pro Ecclesia et P...

12345678910...
IIK Dine Out...
Image
Samrat – the newly opened Indian restaurant in Abu Halifa
The weather is getting more pleasant, and there’s always fun at a nice family dine out in an exotic...

Image
Culinary Journey to the land of Maharajas - at Salmiya Holiday Inn Jamawar Indian Restaurant
Indian Cuisine has always fascinated people all over the world. Imagine dinning in a royal atmosphe...

Image
Authentic Italian Dinning at Vapiano
Italian Cuisine has always been a Gourmet’s delight. Pizzas and Pastas have become the main dishes ...

Image
A ‘Taste of plenty’ at Curry Leaves
There’s really nothing we enjoy better than a grand cuisine, especially when it’s been done right. ...

IIK Sports...
Image
Ahli United Bank upsets Boubyan’s applecart to lift Al Watani Trophy
In a tensed and nail-biting match were fortunes changed in each over, Ahli United Bank confidently ...

Image
Inauguration of New Cricket Team – Master Blasters Cricket Club ( MBCC) in Abbasiya
The Master Blasters Cricket Club a newly formed Cricket Club from Abbasiya, Kuwait was inaugurated ...

Image
AMEC F.S. Wins KC Cric & Kuwait Stallions Claims KC Champions Trophies
Kuwait Cricket conducted finals of KC Champions League and KC Cric League on Friday, May the 8th a...

What's On...
May
26
Image
TIES - Islamic Inheritance Law By Muhammad Ibrahim
May
29
Image
KSNA Kuwait Ad-Hoc committee meeting
May
29
Image
Mar Athanasius College of Engineering Alumni Association (MACEAA) conducting Annual General body Meeting.
May
29
Image
Goan Konkani film Nachom-ia Kumpasar ('Let's dance to the rhythm')
May
29
Image
Soorya Kuwait Chapter with UAE Exchange conducting Soorya Fest on May 29
May
30
Image
Guided Tour: Arab Organization HQ
May
30
Image
Palpak Ladies Wing organizing Educational trip
Jun
2
Image
The Seven Corners of Life
Jun
3
Image
Jinns and Magic By Zeinab Ashry
Jun
5
Image
Friends of Kannur Expats Association conducting "FOKE RANGOTHSAV 2015"
Jun
5
Image
JMC Alumni Association Kuwait Chapter organizing Leadership Excellence Seminar
Jun
5
Image
Sudha Chandran to Judge “Classical Dance Competition” organized by The Dancing Divas
Jun
5
Image
'Beyond Colour'- Art Exhibition 2015 on 5th June
Jun
5
Image
PALPAK Organising Medical Camp on 5th June, 2015
Jun
6
Image
IEI, conducting Summer-2015 examination from 6th June till 12th June, 2015
Jun
6
Image
Sparsh First Annual Painting Competition on 6th June 2015
Jun
11
Image
Thanima association organized VENALTHANIMA 2015
Jun
13
Image
Heart Beatz, Kuwait Conducting ‘Summer Showers’
Sep
22
Image
IVAK - second Jimmy George Memorial Volleyball tournament 2015
Dec
4
Image
SPARSH presents a Talent Show with a Difference for Indians living in Kuwait
Its your portal, its your platform, so get involved.




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