Convicted netas: Cabinet blunts SC order

Lawmakers To Retain Seat But Will Lose Vote

TIMES NEWS NETWORK 

New Delhi: The Union Cabinet on Thursday cleared the proposal to allow convicted lawmakers to retain their membership till their appeal is pending before a court while suspending their voting rights. 
    According to the law ministry’s proposal to amend the Representation of People Act, a member of Parliament or legislature can retain membership even after conviction if his or her appeal is pending before a higher court and the sentence is stayed. He or she, however, shall neither be entitled to vote nor draw salary and allowances. 
    The move was necessitated after the Supreme Court ruling disqualifying a legislator in the event of a conviction for an offence attracting a sentence of over two years. 
    The proposal also suggests adding a new clause to the Constitution to say that a person can contest elections even if he can’t vote. It states that a person cannot cease to be a voter while in detention as his or her right is only temporarily suspended. 
    It was argued that as the name of the person in jail continues to be on the electoral role, he or she also continues to be an elector and can file nomination for election. 
    The amendment to the RP Act shall come into effect from July 10, 2013, the day the SC gave the landmark judgment. Political parties across the board opposed the order, arguing it could be misused to settle scores. They voiced concerns about “judicial overreach” and argued that the supremacy of Parliament must be maintained and if required, amendments must be brought in the Constitution.

A STEP BACKWARD? The SC ordered disqualification of MPs/MLAs if convicted for an offence attracting a sentence of more than two years.

Source:::: The Times of India, 23-08-2013, p.18, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW