You are here: Home » Politics » News » National
Business Standard

SC approves amendment to RPA, leaders in jail can contest elections

On July 10, 2013, the Supreme Court had given a judgement that anybody in police custody/jail will not be able to contest elections

ANI 

The Supreme Court on Tuesday approved amendment to the Representation of the People Act, which allows political leaders in police custody to contest elections.

The apex court said in the light of amendments brought by the Government of India in the Representation of the People Act, a person does not cease to be an elector only by a reason of being in police custody/jail and can therefore contest elections.

On July 10, 2013, the Supreme Court had given a judgement that anybody in police custody/jail will not be able to contest elections.

"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.

But subsequently in September 2013 the Government of India amended the Representation of the People act by doing away with the disability.

The Amendment Bill seeks to add a proviso to sub-section (2) of section 62 of the RP Act to state that a person cannot cease to be a voter while in detention as his or her right is only temporarily suspended.

Dear Reader,


Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.
We, however, have a request.

As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.

Support quality journalism and subscribe to Business Standard.

Digital Editor

First Published: Tue, November 19 2013. 16:44 IST
RECOMMENDED FOR YOU