The Election Commission has welcomed the Supreme
Court verdict declaring ultra vires Section 8 (4) of the Representation of the
People Act, 1951 that allowed convicted MPs, MLAs and MLCs to continue their
membership if they had appealed against their conviction/sentence within three
months of the date of judgment. Similarly, it was happy with another order in
the judgment that barred jailed persons from contesting polls, “though there
are some grey areas in the verdict.”
An
official in the Election Commission said that, EC want to check criminals from
contesting polls and becoming people’s representatives, but these reforms have
not yet been approved by Parliament. On the order on banning those in jails
from contesting polls, he said though under 62 (5) of the RP Act, no person who
is in jail/police custody/preventive detention, could participate in polling,
there were instances where court’s permission was obtained to exercise their
franchise. Even in the Presidential poll, an MP, who was in jail for corruption
cases, had voted with the permission of the court.
Some questions:-
If a jailed person is prevented from contesting poll,
what will happen if a person is arrested and jailed after his nomination was
accepted by the returning officer during scrutiny? Or
What will happen if the person is arrested during the
campaign period or on the polling day? Are they eligible to contest the poll or
not?”
The former Chief Election
Commissioner, Navin Chawla, too welcomed the verdict as “a step in the right
direction.” He wanted the government to approve the Commission’s suggestion for
decriminalisation of politics. As per the RP Act, a person, who has been
convicted and sentenced to two-year imprisonment or more, cannot contest any
poll to Parliament, Legislative Assembly and Legislative Council.
However, in cases relating to
dacoity, FERA, rape, dowry, NDPS Act (Narcotic Drugs and Psychotropic
Substances Act), POTA (Prevention of Terrorism Act) and bribery, mere
conviction would disqualify a person from contesting any election. This is
applicable even if the person is on bail after the conviction and his appeal is
pending for disposal in the higher court. The disqualification will be in force
for six years from the date of release of the person from jail.
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An in-depth study by
National Election Watch and Association of Democratic Reforms says 31% Mps
and MLAs have criminal past
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1448 MPs/MLAs have pending criminal cases
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At least 82% of the MPs and MLAs elected on JMM tickets
declared criminal cases in their affidavits
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162 of them are Lok Sabha Members
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Lalu Prasad-led RJD has 64% cases
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48% of the Mulayam-led SP has criminal cases against
them
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641 Legislators with grave charges of murder, rape and
kidnap among others
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In the Congress, 305 of 1433 MPs and MLAs have
declared criminal records, accounting to 21%
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6 Legislators’ affidavits say they are facing rape
charges
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Of BJP’s 1017 members, 313 has declared it,
amounting to 31% of its legislators
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TAINT IN LEGISLATURES
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Lok Sabha (543 members)
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30% (162 members) have criminal cases against them
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14% (77 members) have serious criminal cases against
them
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MLAs in State Assemblies
(4032 members)
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31% (1258 members) have criminal cases against them
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14% (565 members) have serious criminal cases against
them
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The Supreme Court held that
chargesheeted Members of Parliament and MLAs, on conviction for offences, will
be immediately disqualified from holding membership of the House without being
given three months’ time for appeal, as was the case before. A Bench of
Justices A.K. Patnaik and S.J. Mukhopadhaya struck down as unconstitutional
Section 8 (4) of the Representation of the People Act that allows convicted
lawmakers a three-month period for filing appeal to the higher court and to get
a stay of the conviction and sentence. The Bench, however, made it clear that
the ruling will be prospective and those who had already filed appeals in
various High Courts or the Supreme Court against their convictions would be
exempt from it.
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