Supreme Court issues decree on disqualification of convicted MPs

NEW DELHI: The Supreme Court has formally issued a decree to the government and the Election Commission to comply with its order withdrawing protection from disqualification of MPs and MLAs who are convicted.

“Sitting members of Parliament and legislators will no longer be protected by Clause 4 of Section 6 of the RPA,” the decree from the court to the government and poll panel said.

The Supreme Court had on July 10 struck down as ultra vires a provision of the Representation of People Act which protects convicted lawmakers against disqualification on the ground of pendency of appeal against their conviction in the higher courts.

“The only question is about the vires of Section 8(4) of the Representation of the People Act and we hold that it is ultra vires and that the disqualification takes place from the date of conviction,” a bench of Justices AK Patnaik and SJ Mukhopadhaya had said.

On Thursday, the Supreme Court bench had rejected a review petition filed by the government and maintained that its order was “well considered”. This would mean trouble for lawmakers who find themselves at the wrong end of the law.

An all-party meeting ahead of the monsoon session of Parliament had seen political parties protesting the ‘erosion’ of ‘Parliament's supremacy’ in lawmaking with leaders describing the Supreme Court order as an assault on their rights. The government’s effort to overcome the court order by passing a constitutional amendment is yet to meet with success.