India's Supreme Court verdict to keep criminals out of power

IANS
Thursday, July 11, 2013

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

Submit your comments...
     
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.
Image

“What have you done for me?”

Suruchi was twelve years old, when she had blurted out the above words, and her words had sharp

Image

Linking India to Kuwait through Music: The One and Only Veena Guru in Kuwait.

Veena is one of the most ancient south Indian instruments. However, amongst the multitude of string

Image

GST: One Nation, One Tax

When parliament of India passed constitutional amendment bill in 2016, it paved the way for GST. An

Image

Earth Day – Celebrating Earth Day is more important than ever

These days, I have seen people, including children being aware of the consequence of environmental

Image

An Indian Voice for Football

An Indian football commentator who revolutionized regional language commentary with a unique record

Image

Confidence, Discipline and Health, the Karate Way

In the present world we talk a lot about self-dependency and the courage to face the world. Self-co

Image

Creating History in Quality Construction, Dr. Abdul Razzak Rumane

Dr. Abdul Razzak Rumane, a Registered Senior Consultant (RSC) with The Chartered Quality Institute

Image

We chose happiness and compassion; we chose life

It is a widely accepted fact that the ultimate aim of anyone in this world is to attain the state o

Image

Just Imagine

I had the flu. I had never felt so alone. I missed my family. Shivering, I huddled deeper inside th

Image

A Satvik Restaurant in Kuwait

“A recipe has no Soul; You as the Cook must bring soul to the recipe” -Thomas Keller Yes, you ha

Image

Mughal Mahal Exotica - An aromatic and exotic twist to Indian food

When it comes to Indian food in Kuwait, no doubt ‘Mughal Mahal’ set an example among the residents

Image

Experience Indian Corner Tandoori Nights at Al Manshar Rotana Hotel

Al Manshar Rotana Hotel at Fahaheel, Kuwait launched an authentic Tandoori Night with an Indian cor

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

Team Shifa Al-Jazeera Soccer Kerala Wins Kefak Grandhyper Soccer League

KEFAK Soccer League Season 5 ended with Team Shifa Al-Jazeera Soccer Kerala defending t

Image

Indian Cricket Captain Virat Kohli Bats For Charity at Fundraising Gala Dinner in London

The Virat Kohli Charity Ball to be held on Monday, 5th June 2017 at the HAC Ground The Virat Koh

Image

Champions FC march to Finals

Captian Prince's goal bestows Champions FC a historic march into the finals in KEFAK GRAND HYPER LE

Image

Friday Court clinch Q7 Kuwait Premier League Season 9

Tail ender Basharat Ali Khan hit an unbeaten 21 including the winning six to steer Friday Court to

Image

Ramadan Sports Mania 2017 by Don Bosco Oratory

Don Bosco Oratory Kuwait is once again pleased to announce its Ramadan Sports Mania for the Indian