Govt. to hold consultations on SC verdict over disqualification of convicted MPs, MLAs

Reacting carefully to a Supreme Court verdict on disqualification of lawmakers, Union Law and Justice Minister Kapil Sibal on Wednesday said the government will go through the full judgement to see its impact on the politics of the nation, and hold consultations before deciding the future course of action.

"We will first read the verdict and see its impact on politics. We shall consult everybody and give our reaction," Sibal told the media here.

"Any decision will be taken after consulting everybody, including political parties," he added, when asked whether the government would challenge the verdict or make amendments to the Representation of the People Act (RPA).

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.