-The Hindu However well-intentioned the Supreme Court might be in its efforts to cleanse the political system of criminals, its decision to bar any person who is in jail or in police custody from contesting an election to legislative bodies is a case of the remedy being worse than the disease. By extending the curtailment of the right to vote of a person in prison or lawful police custody to...
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No easy fixes
-The Indian Express Legal solutions to political problems are usually too blunt to be useful The Supreme Court has decided that legislators who have been convicted must resign, rather than be allowed to sit through their terms as they appeal their cases. The Representation of the People Act gives serving MPs and MLAs a pass, if they are in the process of appealing - which can take years, given the slow and...
More »Convicted lawmakers cannot stay in office, says Supreme Court -Deepshikha Ghosh
-NDTV Lawmakers have to quit if they are convicted of a crime and can't stay on regardless of appeals to higher courts, the Supreme Court today said, in a big leap towards cleaning up Indian politics. The top court struck down a provision in the Representation of the People's Act (RPA) that protects convicted MPs and MLAs from disqualification if they appeal to a higher court. "The disqualification takes place from the date...
More »SC takes cognizance of tribal undertrials in Naxal-affected states
-PTI The Supreme Court has termed as "serious" the plight of tribal undertrials, lodged in various central jails in eight Naxal-affected states, but sought factual details for passing any judicial order. "These are very serious matters. You (PIL petitioner) are only relying on the media report. The data can be collected. You complete facts. We cannot pass order on generalised data. "If you want this court to entertain this petition, at...
More »Govt questions SC’s power to reopen death penalty cases -Dhananjay Mahapatra
-The Times of India NEW DELHI: The Centre is all set to legally lock horns with the Supreme Court by questioning the court's powers to call for judicial scrutiny the President's exercise of constitutional power to grant pardon or commute sentences of condemned prisoners. "The decision of the President under Article 72 of the Constitution, either accepting or rejecting a petition, is a sovereign act. This sovereign act is performed after the...
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