Moving to overturn a Supreme Court ruling, a bill was introduced in Rajya Sabha under which convicted MPs and MLAs cannot be disqualified immediately even though they will be barred from voting in the House and drawing their salary till their appeal is decided.
The Representation of the People (Second Amendment and Validation) Bill, 2013, introduced by law minister Kapil Sibal also seeks to negate the apex court verdict on immediate disqualification.
The bill to amend the Representation of the People Act makes it clear that an MP or MLA cannot be disqualified after conviction if his or her appeal is pending before a court and sentence is stayed.
Opposing the introduction of the bill, Rangasayee Ramakrishna (BJP) said this was against the SC ruling and will not be sustainable.
Sibal said, ‘We have reframed section 84 and the nature of the proviso is entirely different to what the SC had objected.’
The bill says, ‘...A disqualification under any of the said sub-sections shall not, in the case of a person who on the date of the conviction is a member of Parliament or the legislature of a state, take effect, if an appeal or application for revision is filed in respect of the conviction and sentence within a period of 90 days from the date of conviction and such conviction or sentence is stayed by the court.’
The Representation of the People (Second Amendment and Validation) Bill, 2013, introduced by law minister Kapil Sibal also seeks to negate the apex court verdict on immediate disqualification.
The bill to amend the Representation of the People Act makes it clear that an MP or MLA cannot be disqualified after conviction if his or her appeal is pending before a court and sentence is stayed.
Opposing the introduction of the bill, Rangasayee Ramakrishna (BJP) said this was against the SC ruling and will not be sustainable.
Sibal said, ‘We have reframed section 84 and the nature of the proviso is entirely different to what the SC had objected.’
The bill says, ‘...A disqualification under any of the said sub-sections shall not, in the case of a person who on the date of the conviction is a member of Parliament or the legislature of a state, take effect, if an appeal or application for revision is filed in respect of the conviction and sentence within a period of 90 days from the date of conviction and such conviction or sentence is stayed by the court.’