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LATEST NEWS UPDATES | Ordinance to bail out convicted netas likely

Ordinance to bail out convicted netas likely

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published Published on Sep 13, 2013   modified Modified on Sep 13, 2013
-The Times of India


NEW DELHI: The UPA government is mulling an ordinance to undo the Supreme Court judgment striking down Section 8(4) of the Representation of People Act that has paved the way for immediate disqualification of an MP, MLA or MLC on being convicted for an offence leading to a sentence of two years or more in jail.

With the government's review petition in the apex court being rejected, a top source in the law ministry said instead of filing for a curative petition, the government will weigh the option of an ordinance that restores the 90 days breather a lawmaker had under Section 8(4) to file an appeal against his conviction and escape disqualification.

Sources said the government was serious about bringing a constitutional amendment to negate the apex court order of July 10 after a discussion at an all-party meeting, but the resistance from main opposition BJP forced the government to change its stance at the last moment.

The problem of getting Parliament to approve the ordinance remains, particularly if both BJP and Left along with some regional outfits like AIADMK and JD(U) oppose the move. Crossing the Rajya Sabha hurdle remains a tough call where Congress lacks a majority. In Lok Sabha, SP and BSP will remain the bulwark for the government.

During the monsoon session, the government had moved an amendment in Section 8(4) restoring the earlier provision that lawmakers won't be disqualified if an appeal is filed within 90 days but curbing their powers to vote nor draw salary and allowances.

As of now, after the SC verdict, there is no protection to the lawmaker and MPs, MLAs and MLCs who are convicted in a criminal case with a jail term of two years or more. They will face immediate disqualification.

The top law ministry source said the government did not press for the passage of the RP Act amendment as the opposition changed its stance on its provisions.

Charging BJP with changing its stand, the source said after the bill was introduced, the party demanded that a constitutional amendment to negate the verdict be brought.

The bill is now pending in the Rajya Sabha. Leader of opposition in Lok Sabha Sushma Swaraj had recently said since there were divergent views on the bill, the BJP insisted that it be referred to the parliamentary standing committee on law. But the source said he was not aware if the Rajya Sabha chairman has referred it to the parliamentary panel.

On the Judicial Appointments Commission Bill, 2013, the source said the understanding with BJP was that a Constitution Amendment Bill - an enabling measure to set up the proposed Commission - will be passed by Parliament and the main bill that defines the role and function of JAC will be referred to the standing committee.

"But in Rajya Sabha, BJP demanded that both the bills be referred to the parliamentary panel...The stance was again changed," he said.

The Constitutional Amendment Bill was passed in the Upper House amid a walkout by BJP. It could not be taken up by the Lok Sabha as the House was adjourned sine die.


The Times of India, 13 September, 2013, http://timesofindia.indiatimes.com/india/Ordinance-to-bail-out-convicted-netas-likely/articleshow/22527412.cms


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