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LATEST NEWS UPDATES | Samajwadi Party leads revolt against SC verdict on convicted politicians -Subodh Ghildiyal

Samajwadi Party leads revolt against SC verdict on convicted politicians -Subodh Ghildiyal

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published Published on Jul 16, 2013   modified Modified on Jul 16, 2013
-The Times of India


NEW DELHI: Samajwadi Party on Tuesday said it would rally political parties for amending the Constitution to annul the twin Supreme Court verdicts that legislators be disqualified automatically on conviction and those in jail be barred from contesting elections.

SP general secretary Ramgopal Yadav told TOI, "We will talk to political leaders for Parliament to amend the Constitution so that nobody can stop politicians from contesting elections."

While the two orders passed on July 10 have caused disquiet among the political class, SP is the first to have come out in the open to oppose them, setting the stage for an offensive against the judiciary in the monsoon session of Parliament, beginning August 5.

Yadav slammed the top court's "overreach". "There are discrepancies in these orders. These issues will be raised in Parliament, seeking amendment to the Constitution. I am sure the government will look into it after talking to all political parties," he argued.

"Besides having the mandate to frame laws, Parliament also has power to quash Supreme Court's judgments," he emphasized.

All parties have chaffed at the two orders, but have refrained from voicing their misgivings for fear of being seen as opposing "de-criminalization" of politics. With SP, which revels in defying pressures of political correctness, once again providing them the cover, others, including the government, may feel safe to speak out.

The Samajwadi leader said the court directive that an MP/MLA would stand disqualified the moment he was convicted by a court left open the issue of what would happen if the higher court overturned the conviction. Also, he warned that barring a person from contesting from jail would be used by regimes of the day to fix rivals during polls.

Attacking the apex court for exceeding its brief, Yadav said the judgment on disqualification, while striking down a clause in the Representation of People's Act that provides for three months to appeal a conviction, also said that Parliament cannot make a law on this issue.

"The Constitution gives Parliament the power to make laws. The court cannot make law or stop Parliament from making law. Else, it would mean the court is working as the third chamber of Parliament which is against the basic structure of the Constitution," he said.


The Times of India, 16 July, 2013, http://timesofindia.indiatimes.com/india/Samajwadi-Party-leads-revolt-against-SC-verdict-on-convicted-politicians/articleshow/21092385.cms


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