MPs and MLAs have to quit if they are convicted of a crime and they cannot stay on regardless of appeals to higher courts rules Supreme Court. The Court struck down a provision in the representation of Peoples act that protects convicted MPs and MLAs from disqualification if they appeal to a higher court. The verdict however, will now affect Lawmakers who have already filed appeals against their conviction.
The verdict seeks to remove the discrimination between an ordinary individual and an elected law maker who enjoys protection under the Representation of Peoples Act.
The Election Commission, in its reports from time to time, has been seeking amendment of the law for removal of the incumbent advantage to elected MPs and MLAs convicted of various offences.
Reacting to the top court’s ruling the Government was cautious, saying it will go through the detailed judgment to see its impact on the politics of the country and hold consultations before deciding on the next step. Law Minister Kapil Sibal said in New Delhi that political parties will be consulted on the issue.