The Centre approached the Supreme Court on Monday seeking review of its two landmark judgments of July which had said MPs and MLAs would be disqualified upon being convicted in criminal cases and had restricted arrested persons from contesting elections.
In its review plea, the Centre has said that the Supreme Court’s two-judge bench erred in passing verdicts on constitutional matters and the issues must be heard by a larger Constitution bench. The Centre has also contended that protecting convicted MPs and MLAs from disqualification during pendency of their appeal in a higher court is necessary “to protect the House and to ensure that governance is not adversely impacted”. The government has justified the protective provision for elected member on the ground that the rate of acquittal in Indian judicial system is high.
“This court ought to have appreciated that the impact of the decision in the reality of the Indian judicial system is that the rate of acquittal in the appellate court is high and keeping in view the time taken to dispose of the criminal appeals, Section 8(4) was enacted to protect the House,” the government’s plea said.