New Delhi: The government is likely to bring a constitutional amendment to overturn the Supreme Court ruling on disqualification of convicted MPs and MLAs, sources said on Thursday.
In a landmark judgement that could cleanse Parliament and Assemblies of criminals, the apex court had in July struck down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts. Under Sec 8(3) of the RPA, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified for that and a further six years after release.
The following sub-section 8(4) says a lawmaker cannot be disqualified for three months from the conviction and if in that period he or she files an appeal against till its disposal by a higher court.
"The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction," a bench of justices AK Patnaik and SJ Mukhopadhaya had said. The court, however, had said that its decision will not apply to convicted MPs and MLAs who have filed their appeals in the higher courts before the pronouncement of this verdict.
Political parties had opposed the Supreme Court's order and had voiced their dissent in an all-party meeting, which took place just a few days before the Monsoon Session of Parliament. Concerns were expressed by parties that the supremacy of Parliament must be maintained and if required amendments must be brought in the constitution, Parliamentary Affairs Kamal Nath had said after the meeting.
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