You are here: Home » PTI Stories » National » News
Business Standard

HC issues notice to Law Ministry, EC

Press Trust of India  |  Chennai 

Madras High Court has issued notice to the Law Ministry and Election Commission of India on a PIL seeking to declare as unconstitutional certain provisions in the Representation of Peoples Act, enabling convicted candidates to contest elections after a period of six years.

The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh issued notice recently on a PIL from one Parthasarathy, a voter of Chepauk constituency here, seeking to declare as unconstitutional, provisions in Sections 8 and 9 of RPA, by which those convicted are allowed to be members of legislatures, restricting the disqualification period upto six years.

The petitioner alleged that there is discrimination in applying this rule to the Executive and Judiciary.

In the judiciary, when one is arrested or convicted for any criminal offence, he or she is suspended automatically and their services are terminated.

But this rule is applied differently in convicted perons. Even after conviction and undergoing sentence, they can contest and become member of legislatures after expiry of six years period from the date of their conviction, he said.

The petitioner submitted that RPA, being burdened with the important task of law making, has not provided for any proper guidelines in the form of minimum educational qualifications, good character and conduct.

Parthasarathy sought a direction to declare the provisions restricting the disqualification period upto six years as violative of principles in Articles 13 and 14 of the Constitution.

The bench then issued notice to the Law Ministry and EC, directed them to file their counters and posted the matter for further hearing to July 26.

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: Fri, May 13 2016. 16:42 IST
RECOMMENDED FOR YOU