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The Judgement by Supreme Court - Disqualification of MP and MLA

The Judgement by Supreme Court - Disqualification of MP and MLA

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Published by Shaji Mullookkaaran
The Supreme Court Rules That Henceforth, All Convicted MPs, MLAs, Will Be Disqualified From The Date of Conviction

In a landmark verdict, the Supreme Court today ruled that all the convicted MPs and MLAs in a criminal case will be disqualified from holding their offices from the day of the conviction itself, even if the conviction ruling is from a trial court.

In what ‘political pundits’ might call as a ‘Judicial overreach’ , The Supreme Court held that the Parliament lacked legislative competence to provide immunity to legislators convicted with criminal charges by the courts.

The Parliament had enacted Representation of the People Act, 1951 in which under sub-section 4 of section 8, MPs and MLAs were given immunity from disqualification if they were convicted for certain crimes by a trial or any other court.

This act was enacted based on the constitutional provisions under articles 102(e) and 191(e) which gave power to the Parliament to make such laws to specify grounds for disqualification of an MP and MLA respectively.

The bench of Justices A K Patnaik and S J Mukhopadhaya, discarded the government of India’s argument and upheld the writ petitions filed by Lily Thomas and S.N. Shukla, general secretary of Lok Prahari, an NGO from Lucknow.
The Supreme Court Rules That Henceforth, All Convicted MPs, MLAs, Will Be Disqualified From The Date of Conviction

In a landmark verdict, the Supreme Court today ruled that all the convicted MPs and MLAs in a criminal case will be disqualified from holding their offices from the day of the conviction itself, even if the conviction ruling is from a trial court.

In what ‘political pundits’ might call as a ‘Judicial overreach’ , The Supreme Court held that the Parliament lacked legislative competence to provide immunity to legislators convicted with criminal charges by the courts.

The Parliament had enacted Representation of the People Act, 1951 in which under sub-section 4 of section 8, MPs and MLAs were given immunity from disqualification if they were convicted for certain crimes by a trial or any other court.

This act was enacted based on the constitutional provisions under articles 102(e) and 191(e) which gave power to the Parliament to make such laws to specify grounds for disqualification of an MP and MLA respectively.

The bench of Justices A K Patnaik and S J Mukhopadhaya, discarded the government of India’s argument and upheld the writ petitions filed by Lily Thomas and S.N. Shukla, general secretary of Lok Prahari, an NGO from Lucknow.

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Published by: Shaji Mullookkaaran on Jul 11, 2013
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03/01/2015

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section (4) of Section 8 of the Act, in so far as it does not

provide a rationale for making an exception in the case of

members of Parliament or a Legislature of a State is

arbitrary and discriminatory and is violative of Article 14 of

the Constitution. They submitted that persons to be elected

as members of Parliament or a State Legislature stand on

the same footing as sitting members of Parliament and State

18

Legislatures so far as disqualifications are concerned and

sitting members of Parliament and State Legislatures cannot

enjoy the special privilege of continuing as members even

though they are convicted of the offences mentioned in sub-

sections (1), (2) and (3) of Section 8 of the Act.

Contentions of behalf of the respondents

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