Supreme Court has striked out a crucial section 8(4) of Representation of People's Act ; of the Indian constitution which allows the MPs/ MLAs to hold their post even when convicted for any criminal case.
Earlier Situation:
As per 8(4) of the RP Act, the MP/ MLA who have been convicted for a criminal case need not step out of his/her office, if he had given an appeal within three months of the verdict. This of course, helped the MP/ MLA to be in power till the higher court verdict came.
Now:
The situation has now changed that the MP/ MLA has to step out of his office, at the same day of the verdict, claiming him as a convict.
Also, the ruling makes it clear that the same person cannot participate in the elections, till 6 years post his release.
Why this Ruling?
Important and Astonishing Figures:
Congrats to Supreme Court for such a decision as we see how MPs and MLAs cling onto their position when indulged in serious scams and criminal cases.
Congrats to the Supreme Court because these criminals will be disqualified from competing in the elections for 6 years after being released.
Congrats to the Supreme Court because the criminals cannot add a sub-section to the constitution as supreme court has mentioned the Parliaments inability to do so, by the sections 101(3)(a), 190(3)(a), 102(1)(e), 191(1)(e).
It is a shame for us, to notice that Central Govt has declared to appeal against this ruling. It is a shame that the government itself wants criminals to rule India. They are sure to get backing from other parties as well for the "COMMON CAUSE".
Earlier Situation:
As per 8(4) of the RP Act, the MP/ MLA who have been convicted for a criminal case need not step out of his/her office, if he had given an appeal within three months of the verdict. This of course, helped the MP/ MLA to be in power till the higher court verdict came.
Now:
The situation has now changed that the MP/ MLA has to step out of his office, at the same day of the verdict, claiming him as a convict.
Also, the ruling makes it clear that the same person cannot participate in the elections, till 6 years post his release.
Why this Ruling?
- This ruling comes in when the nation was schocked to see Kanimozhi - one of the perpetrators of the 2G Scam - the second largest scam, India has ever seen; being supported to the Rajya Sabha by the ruling party, for the sake of getting the support of one more party in the upcoming 2014 Lok Sabha elections.
- This ruling comes in when the reports of Indian Election Watch and Association of Democratic Rights states that 30% of the parliamentarians are criminals and 14% of them are accused in serious criminal cases.
- This ruling comes in a situation where the 48% of Kerala parliamentarians (including MPs and MLAs) are criminals and 9% are accused in serious criminal offences.
Important and Astonishing Figures:- MPs = 543 ; Criminals = 163 : 30%
- Rajyasabha members = 232 ; Criminals = 40 : 17%
- Total MLAs = 4032 ; Criminals = 1258 : 31%
- Highest MLA Criminals in a State : Jharkhand 55/74 MLAs, ie 74% Criminals, followed by Bihar - 58%, UP - 47%
- Lowest : Manipur : 0%
- Highest MLA Criminals in a Party who are selected : Jharkhand Mukthi Morcha - 82%, followed by RJD 64% and Samajwadi 48%
Congrats to the Supreme Court because these criminals will be disqualified from competing in the elections for 6 years after being released.
Congrats to the Supreme Court because the criminals cannot add a sub-section to the constitution as supreme court has mentioned the Parliaments inability to do so, by the sections 101(3)(a), 190(3)(a), 102(1)(e), 191(1)(e).
It is a shame for us, to notice that Central Govt has declared to appeal against this ruling. It is a shame that the government itself wants criminals to rule India. They are sure to get backing from other parties as well for the "COMMON CAUSE".
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