'Ordinance on convicted MPs, MLAs not passed to encourage criminalisation of politics': P.C. Chacko

Amid sharp criticism from various opposition parties for an ordinance hurriedly approved by the Union Cabinet yesterday to protect convicted MPs and MLAs from disqualification, Congress leader P.C. Chacko on Wednesday said that the ordinance was not passed to encourage the criminalisation of politics.

"We wanted to pass this law in the last parliament which we could not because of certain other reasons. That is the reason ordinance is being brought now. I think that this is not to encourage criminalisation of politics," he said.

BJP leader Rajiv Pratap Rudy commenting on the ordinance said that the Congress was slowly destroying democracy.

"I think the Congress is all hell bent to demolish democracy. The people of this country are watching and the BJP will not accept such a legislation at whatever cost it is," said Rudy.

Communist party of India (CPI) leader D Raja on his part lashed out at the Congress Party, saying that the intent with which the ordinance was passed was questionable.

"Definitely the timing is highly questionable that is why people from different walks of life are questioning the intent of this ordinance which is going to be promulgated by the Union government," said Raja.

The Union Cabinet yesterday approved an ordinance to reverse the Supreme Court judgment mandating the immediate disqualification of lawmakers convicted for a criminal offence punishable with a jail term of more than two years.

The ordinance seeks to reverse the Supreme Court judgement that had not only disqualified lawmakers convicted of offences with two years or more in jail, but also barred from contesting elections.

The ordinance will allow convicted legislators to continue in office, if the appeal against the conviction is admitted by a higher court within 90 days.

In a landmark verdict delivered on July 10, 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.

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.