10 July 2013

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Supreme Court Historic Judgement MP MLA with criminal cases to be disqualified immediately

Supreme Court Historic Judgement MP MLA with criminal cases to be disqualified immediately

Supreme Court  order on Rep of Peoples Act

Virtue should be recognized in Public life

Criminality should be punished

First  small step towards making India corruption Free

Writ Petition was filed in the Bihar High Court, Bihar High Court said same after that appeal was filed and now

The writ petition was filed by the Lily Thomas and NGO Lok Prahari through its secretary S N Shukla who had sought striking down of various provisions of RPA on the ground that they violate certain constitutional provisions

The PILs had said that certain sections of Representation of the People Act allow convicted lawmakers to continue in office while their appeals are pending and thus those provisions are "discriminatory and encourage criminalization of politics".

The provision of Representation of the People Act says that a lawmaker that is MP, MLA, elected politician cannot be disqualified in the event of his conviction in a criminal case if he or she files an appeal in the higher court.

After hearing the petition Supreme Court bench said that

"The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction,"

The court also said that its decision will not apply to MPs, MLAs or other lawmakers who have been convicted and have filed their appeals in the higher courts before the pronouncement of this verdict.

Supreme Court of India gave the Historic Judgement

Tainted Ministers will not be disqualified we hope Supreme Court of India will issue more and more such orders

Those who are convicted cannot contest elections.

This judgement will not apply to cases in which punishment is upto 2 Years.

Once a lower Court gives punishment to politician finds him guilty then he will be disqualified immediately

Disqualification only after house is dissolved

Politicians cannot fight elections from Jail

If elected MP or MLA is convicted immediately, he will be disqualified

Currently in India if politician is convicted he can contest elections from Jail, they got time limit of 3 months also

Now Supreme Court has cancelled that 3 months’ time

According to findings of ADR, an NGO, 162 sitting MPs face criminal charges in various cases of which 76 involve offences punishable with imprisonment of more than five years.

a total of 1,460 MLAs face criminal charges in various courts, and 30 per cent of these are punishable with more than five years' imprisonment.

Now what will happen?

Now politicians will delay the cases, and on every order, they will challenge it in the Higher Court.

Excellent Judgement from Supreme Court of India

Reality views by sm –

Wednesday, July 10 2013

Tags – Historic Judgement


Destination Infinity July 10, 2013  

It's a LANDMARK judgement and I hope it works for the general good. But, as with everything else in India, there maybe a few loopholes - What if there are false cases and false convictions (we can't rule this out) motivated by opposition party members or own party members (down in the hierarchy)? Is the judicial sector corruption-free? If not, it is possible for politicians to bribe the judges to delay cases, etc. But I hope that such instances will be minimum.

Destination Infinity

rudraprayaga July 11, 2013  

Politicians will become camels through needle-hole. They will find means to escape.

MEcoy July 11, 2013  

another great post sm

Usha July 12, 2013  

This is very bold judgement by supreme court, brings lot of hope for corruption free India. Hope all these criminal politicians are soon thrown out of their positions and new honest and energetic leaders join in.