Govt may seek review of SC verdict on disqualification
Soon after the Supreme Court’s verdicts on legislators, one of which disqualifies MPs and MLAs from the House upon their conviction, the government on Friday indicated that it may approach the top court for a review.
Union law and justice minister Kapil Sibal that the government will also go for a “legislative remedy” by amending the current laws and said that the entire issue will be discussed in the coming days.
“We could go back to the Supreme Court saying you ignored certain aspects. The government could also seek a legislative remedy by approaching Parliament. It means bringing an amendment bill in Parliament,” he said. “Talks with various political parties are on. Whatever decision is taken will be based on consensus,” he said.
The law minister said while the government respects SC orders, “it is possible that the decisions have political repercussions on the political system and that it has not been fully examined.”
Sources said the government feels that the Supreme Court bench that pronounced the judgment did not take into account the fact that the issue of constitutionality of sub-section (4) of Section 8 of the Representation of the People Act had already been settled by a five-judge bench in 2005. This matter should have been decided by a Constitution bench of the court, sources added.
In its July 10 judgment, the top court struck down a provision in the electoral law that protects a convicted legislator from disqualification on the ground of pendency of appeal in higher courts.
The SC made it clear that MPs, MLAs and MLCs would stand disqualified on the date of conviction. In another order it said that a person, who is in jail or in police custody, cannot contest election to legislative bodies.
Meanwhile, Mr Sibal also defended the government’s decision to amend the RTI Act to keep political parties out of the purview of the ombudsman, saying they are not “public authorities” but voluntary association of people.
The Cabinet had approved two amendments to the RTI Act on Thursday to thwart an order of the CIC that political parties should come within the ambit of this law.
“Political parties are not public authorities. A political party is a voluntary association of persons. People can join or leave a party. We get elected. We are not appointed like officials,” he said.
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