Law Ministry moves Cabinet note to amend RPA

Seeking to negate a Supreme Court judgement, the Law Ministry has moved a Cabinet note to amend the Representation of People Act wherein a lawmaker cannot be disqualified after conviction if his or her appeal is pending before a court and sentence is stayed.
The amendment also makes it clear that the convicted member shall continue to take part in proceedings of Parliament or Legislature of a state although he or she shall neither be entitled to vote nor draw salary and allowances till the appeal or revision is finally decided by the court.
The note proposes that the amendment to the RPA shall come into effect from July 10, 2013, the day the Supreme Court gave the judgement. Sources said the proposal is expected to be considered by the Union Cabinet in its next meeting.

The Cabinet note says, "Notwithstanding anything contained in sub-section (1), sub-section (2) or sub-section (3), a disqualification under any of the said sub-sections shall not, in the case of a person who on the date of the conviction is a member of Parliament or the legislature of a state, take effect, if an appeal or application for revision is filed in respect of the conviction and sentence within a period of ninety days from the date of conviction and such conviction or sentence is stayed by the court.
"Provided that till the appeal or revision is finally decided by the court, the member shall neither be entitled to vote nor draw salary and allowances, but shall continue to take part in the proceedings of Parliament or the legislature of a state, as the case may be."

It also says, "Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or other authority, the provisions of the Representation of the People Act, 1951, as amended by this Act, shall have and shall be deemed always to have effect for all purposes as if the provisions of this Act had been in force at all material times.