Government brings ordinance legalized convicted criminals can contest elections

Government brings ordinance legalized convicted criminals can contest elections

Congress government backed by majority political parties cleared an ordinance that allows convicted and jailed MPs and MLAs to contest elections

In a landmark judgement, the Supreme Court had on July 10, 2013 struck down the legal provision that protects a lawmaker from disqualification even after conviction in a criminal case. The Supreme Court ruled that MPs or MLAs shall stand disqualified from holding the membership of the house from the date of conviction in a trial court.

After that, government filed review petition but Government's review plea in the case has been rejected by the Supreme Court.

Now this new ordinance has changed that

The ordinance will allow convicted legislators, politicians to continue in office, if the appeal against the conviction is admitted by a higher court within 90 days.

The ordinance says that if a lawmaker appeals his conviction or the sentence is stayed by a higher court, he can attend Parliament/ state Assemblies but cannot draw salaries or vote.

As per ADR As, many as 31 per cent Members of Parliament (MPs), legislators (MLAs/MLCs) have criminal cases pending against them

According to a report out of the 4,835 MPs and MLAs in the country, 1,448 are facing criminal cases.

Out of 543 Lok Sabha MPs, 162 have criminal cases pending against them with 75 facing serious criminal charges.

Out of these 1448 members who have declared criminal cases, 641 have declared serious criminal cases like rape, murder, attempt to murder, kidnapping, robbery, extortion etc.

Six MPs/MLAs/MLCs have declared rape charges in their affidavits.

In another development, President Pranab Mukherjee on Tuesday approved a bill and gave shape to a law that will allow politicians in jail and under police custody to contest polls.

The law will also change the Supreme Court order that restricted politicians in lawful custody from taking part in elections.

The law negates the July 10 Supreme Court order which said that since those in jail could not vote as per the electoral act, they would also not qualify for contesting elections to parliament or state legislatures.

Parliament passed the bill September 6 supported by Majority political parties


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Tuesday, September 24, 2013

Tags - Criminal Contest Elections