In a hugely significant ruling that could cleanse Indian politics of legislators with criminal antecedents, the Supreme Court on Wednesday held unconstitutional a provision of the law that provides protection to elected representatives who have been convicted of criminal charges but have sought relief from the higher courts.
Holding as “ultra vires” Section 8(4) of the Representation of the People Act, the Supreme Court said convicted legislators must be disqualified as soon as they are found guilty in a criminal case and that they cannot be protected from disqualification on the ground of pendency of an appeal against their conviction in a higher court.
The court, however, clarified that this decision will not affect MPs, MLAs and other legislators who have been convicted and have challenged their conviction in higher courts before the pronouncement of Wednesday’s order. Section 8(4) of the RPA says a legislator cannot be disqualified in the event of his conviction in a criminal case if he or she files an appeal in a higher court.
“The only question is about the vires of Section 8(4) of the Representation of the People Act, and we hold it is ultra vires, and that the disqualification takes place from the date of conviction,” a bench of Justices A.K. Patnaik and S.J. Mukhopadhaya ruled.
The government reacted cautiously to the ruling. Law minister Kapil Sibal said he will have to read the order before making any comments. “We will first read the verdict and see its impact on politics. We shall consult everybody and give our reaction,” Mr Sibal told reporters. On being asked if the government would challenge the verdict or make amendments to the Representation of the People Act, he said any decision will be taken only after consulting everybody, including political parties.