In its July 10, 2013, judgement, Supreme Court had struck down sub-section 4 of Section 8 of the Representation of the People Act, under which incumbent MPs, MLAs and MLCs can avoid disqualification till pendency of the appeal against conviction in a higher court.
As the SC verdict is the law of the land now, conviction of lawmakers in certain cases, including those relating to corruption, leads to their immediate disqualification as a member of any House of legislature.
It said that the delay leads to situations where "the member who had incurred disqualification continues to be a member of the House in violation of provisions of Article 103 (of the Constitution) and law laid down by the Supreme Court".
The Commission told Parliament and state legislatures to enforce the law regarding immediate disqualification upon conviction "without any discrimination".
It said the information about conviction and the subsequent notification of disqualification should not take more than seven days each.
The first disqualification from Parliament had come on October 21, 2013, after 66-year-old Rashid Masood, a Congress member of Rajya Sabha, was held guilty in a case of corruption and other offences in the month before.
You’ve reached your limit of {{free_limit}} free articles this month.
Subscribe now for unlimited access.
Already subscribed? Log in
Subscribe to read the full story →
Smart Quarterly
₹900
3 Months
₹300/Month
Smart Essential
₹2,700
1 Year
₹225/Month
Super Saver
₹3,900
2 Years
₹162/Month
Renews automatically, cancel anytime
Here’s what’s included in our digital subscription plans
Exclusive premium stories online
Over 30 premium stories daily, handpicked by our editors


Complimentary Access to The New York Times
News, Games, Cooking, Audio, Wirecutter & The Athletic
Business Standard Epaper
Digital replica of our daily newspaper — with options to read, save, and share


Curated Newsletters
Insights on markets, finance, politics, tech, and more delivered to your inbox
Market Analysis & Investment Insights
In-depth market analysis & insights with access to The Smart Investor


Archives
Repository of articles and publications dating back to 1997
Ad-free Reading
Uninterrupted reading experience with no advertisements


Seamless Access Across All Devices
Access Business Standard across devices — mobile, tablet, or PC, via web or app
