BJP plays safe on SC verdict on disqualification of convicted MPs, MLAs

The Bharatiya Janata Party (BJP) on Wednesday avoided commenting on the Supreme Court verdict striking down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts, saying it would come out with an opinion only after going through the judgment.

BJP spokesperson Ravi Shankar Prasad said that his political outfit would be supportive of any initiative for purifying the political process.

"If you are convicted, you cannot contest elections. However, if you are a sitting MP or MLA, and if your appeal is accepted, then you can retain the position. A lot of questions have been raised on the verdict," said Prasad.

"Many also termed it discriminatory. The party will comment on this later after studying the court verdict," he added.

In a landmark verdict delivered today, the apex court ruled that MPs or MLAs shall stand disqualified from holding the membership of the house from the date of conviction.

"The only question is about the vires of section 8 (4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction," said an apex court bench of Justices A.K. Patnaik and S.J. Mukhopadhaya.

The apex court, however, said that its decision will not apply to MPs, MLAs or other lawmakers who have been convicted and have filed their appeals in the higher courts before the pronouncement of this verdict.

The Election Commission, in its reports from time to time, has been seeking amendment of the law for removal of the incumbent advantage to elected MPs and MLAs convicted of various offences.

According to the provision of Representation of the People Act, a lawmaker cannot be disqualified in the event of his conviction in a criminal case if he or she files an appeal in the higher court.

According to a study done by the National Election Watch and Association of Democratic Reforms (ADR), as many as 31 percent MPs, legislators (MLAs/MLCs) have criminal cases pending against them in police record.

According to a report out of the 4,835 MPs and MLAs in the country, 1,448 are facing criminal cases.

Out of 543 Lok Sabha MPs, 162 have criminal cases pending against them with 75 facing serious criminal charges.

Out of these 1448 members who have declared criminal cases, 641 have declared serious criminal cases like rape, murder, attempt to murder, kidnapping, robbery, extortion etc. Six MPs/MLAs/MLCs have declared rape charges in their affidavits.