M A I N   N E W S

SC turns down Centre’s review plea on convicted lawmakers
But agrees to reconsider ban on jailed netas to contest elections
R Sedhuraman
Legal Correspondent

New Delhi, September 4
The Supreme Court today dismissed the Centre’s petition seeking a review of the July 10 judgment disqualifying MPs and MLAs immediately upon their conviction by the trial court in serious criminal cases, maintaining that the verdict did not suffer from any infirmities, legal or otherwise.

A Bench comprising Justices AK Patnaik and SJ Mukhopadhaya, however, agreed to review its judgment debarring jailed candidates from contesting elections.

During arguments on both the review petitions filed by the Centre, the Bench clarified that the government was free to amend the laws to undo the verdicts as the SC had merely interpreted the provisions of the Representation of People Act 1951 and the Constitution while delivering the July 10 judgment.

The Bench said its conclusions on the convicted lawmakers had been vindicated by the fact that the provisions of a fresh Bill prepared by the government on the subject were on the lines of the SC views.

“We are glad Parliament has accepted the well considered judgment. The (Law) Ministry has done a thorough research to finalise the proposed law, under which convicted lawmakers would be allowed to continue but would not be entitled to vote in the House or draw emoluments until they got their conviction stayed by a higher court,” it said.

On its verdict on jailed candidates, it clarified that all that it did was interpretation of the relevant provisions of the RPA and the Constitution. “We found there was a lacuna in the law which was the result of clumsy drafting. Instead of accepting its mistake, the government is blaming that we have encroached upon its territory,” the Bench observed.

The RPA had barred the jailed voters from exercising their right to franchise but allowed them to contest elections without explaining the distinction or the reasons for the discrimination against those who wanted to vote. The Bench noted that although the Centre was a party to the PIL case that was before the Patna High Court, it failed to challenge the HC verdict in the SC. It also did not come forward to advance its arguments during the hearing of the appeal in the SC, which ultimately upheld the HC ruling on jailed candidates.

Nevertheless, the Bench issued notice on the review petition pertaining to jailed candidates and slated the next hearing for October 23.

It also agreed to hear Ramesh Dalal, president of the Haryana Swatantra Party, who has also sought a review of the verdict.

Parliament free to amend laws

The top court clarified that the government was free to amend the laws to undo the verdicts as the SC had merely interpreted the provisions of the Representation of People Act-1951 and the Constitution while delivering the July 10 judgment