Rohit Kapoor (Adv.)
The operative part of the recent judge of Supreme Court, in Public Interest Litigations for declaring sub-section (4) of Section 8 of the Representation of the People Act, 1951 as ultra vires the Constitution, reads as under:
“However, if any sitting member of Parliament or a State Legislature is convicted of any of the offences mentioned in sub-sections (1), (2) and (3) of Section 8 of the Act and by virtue of such conviction and/or sentence suffers the disqualifications mentioned in sub-sections (1), (2) and (3) of Section 8 of the Act after the pronouncement of this judgment, his membership of Parliament or the State Legislature, as the case may be, will not be saved by sub- section (4) of Section 8 of the Act which we have by this judgment declared as ultra vires the Constitution ……”.
With the aforesaid declaration, the writ petitions are allowed.
While data regarding exact convictions isn’t available as yet, the ADR and NEW analyzed the number of sitting MPs and MLAs who have declared criminal cases against them. Of the total 4,807 sitting MPs and MLAs they analyzed, a total of 1460 or 30% had declared criminal cases against themselves, as per their sworn affidavits submitted to the Election Commission of India prior to contesting elections. Around 14% of these had serious criminal cases pending against them. Many of these however, are already in appeal in higher courts, and won’t be affected by the current judgment.
We must not forget that days may come when our patience, our endurance and our fortitude will be tried to the utmost. In those days, let us see to it that no heart grows faint and that no courage be found wanting. Sir Robert Borden, Canadian Prime Minister.
“The Jharkhand 2009 Assembly has the highest percentage of elected representatives (74%) who declared criminal cases against themselves,” stated a press note released by the ADR and NEW stating that 55 out of 74 MLAs of the Jharkhand 2009 Assembly declared criminal cases against themselves,””said a press note issued by the two bodies.
“Among the recent elections, the Bihar 2010 Assembly has 58% MLAs who have declared criminal cases against themselves. The Uttar Pradesh 2012 Assembly has 47% MLAs with criminal cases,” it stated.
The ruling received widespread support on social networking sites. “The Supreme Court stands tall again,” stated one tweet, capturing the cynicism of the common man against the impunity in which Indian politics operates.
Leave aside the legal/technical flaws, if any, in this judgment as being pointed out by certain individuals, why spirit behind this judgment to bring probity in public life is seen as “a concern” by some politicians. Apprehension of misuse by the police or the party in power for score setting is misplaced as there is sufficient law to protect such abuse of power. Secondly who created this Frankenstein of which now they are expressing concern?
“The Government is studying the ruling of the Apex Court and will consult all the political parties before giving response” is the stand taken by the Union Law Minister. Is the Government and all the political parties so dependent on these convicted lawmakers that prevents them to welcome the judgment and begin its implementation forthwith. Court judgment should empower the Government and the political parties to get rid of such elements which otherwise they might have felt it difficult to do it, of course not for good reasons.
We must not forget that days may come when our patience, our endurance and our fortitude will be tried to the utmost. In those days, let us see to it that no heart grows faint and that no courage be found wanting. . .” Sir Robert Borden, Canadian Prime Minister.
And I believe a time has come for all the political parties, people of this Country to ensure implementation of the law laid down by the Supreme Court, for the sake of order in the society.
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