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

I Learn Anew Every Day - Kevin Mathew

Kevin Mathew was the youngest (and only Indian) TEDx speaker at TEDxAlShuwaikh, Kuwait, on Septembe

Image

Wise Decision by Bhavans Middle East

The Chairman, Bhavans Middle East Mr. N. K Ramachandran Menon, and the Director of Bhavans Middle E

Image

“It was all over in three minutes ...”

She was sobbing inconsolably and words were intermittently coming out… “It was all over in about

Image

“On reaching the pinnacle, I called it a day”

She was all set to occupy the enviable top spot... was being hailed as the rightful heir of the zen

Image

“Politics is transient for me; writing is perpetual...”

One of those few politicians whose speeches and poems have won the hearts of masses alike - in Indi

Image

The War of Words

Another journalist is brutally killed. Gauri Lankesh, the editor of Lankesh Patrike is shot dead re

Image

Migration Norm Set: Safe Orderly and Regular Migration

“Global compact for safe, regular and orderly migration” The Norm on the Build. "Migrants are h

Image

The bogus words

A few days back I received a message on Whats App:If an assault with the intention of committing ra

Image

Anybody Got a Spine???

Fourteen Prime Ministers have taken charge of our country, and between themselves they have had Sev

Image

Indian Rupee (INR) -3 Questions

The Indian Rupee (INR) is surprisingly strong proving many analysts wrong. In a world where emergin

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

Football Coaching for Children at PSA Everton-Celtic Academy in Bayan

A special Community Football Coaching Program for children from the Indian Sub-Continent is held in

Image

Transfast Cricket League Season- 01

Transfast Cricket League Season- 01 has been accomplished successfully with great entertainment

Image

KIFF league finals tomorrow 25th August 2017

" The much awaited KIFF league finals which will be played between KGA(Kuwait Goan Association ) &

Image

Summer Cricket coaching camp by Cricket Coaching Academy

22 Yards Cricket Coaching Academy would like to invite cricketers of all age group to attend the Su

Image

Kumble withdraws as India head coach

Legendary leg-spinner Anil Kumble has decided against continuing as the head coach of the Indian c

Oct
20
Oct
20
Oct
20
Oct
20
Oct
20
Oct
20
Oct
20
Oct
20
Oct
27
Oct
27
Oct
27
Nov
3
Nov
8
Nov
10
Nov
10
Nov
10
Nov
10
Nov
17
Nov
17
Nov
24
Nov
24
Nov
28
Dec
1