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Setback for politicians as SC stands firm
Highlights
DISQUALIFICATION OF CONVICTED NETAS The apex court has agreed to reconsider whether a person in jail has the right to run for office The Supreme...
DISQUALIFICATION OF CONVICTED NETAS
The apex court has agreed to reconsider whether a person in jail has the right to run for office
The Supreme Court has stood by its order that disqualifies convicted politicians from serving as state legislators or parliamentarians. However, it has agreed to reconsider whether a person in jail has the right to run for office.
"You have no case, there is no error in our order" said the judges to the government which had appealed against both aspects of its original verdict, delivered in July.
All political parties had backed the government's decision to challenge the verdict. Currently, a lawmaker who is convicted does not have to quit office if an appeal is pending in a higher court. The appeal has to be filed within three months of conviction. The Supreme Court cancelled that provision in its July decision.
The government is considering a constitutional amendment to change this. All parties had faulted the July verdict to stop anyone in jail from contesting elections, arguing that it would encourage parties in power to have their opponents arrested before elections.
The judges today said they will review this feature, but observed, "When a candidate is in jail, it is okay for him to contest. But when a voter is in jail, he can't vote. What kind of law is this?"
To supersede that order, the Rajya Sabha has already approved amendments to the law so that a prisoner cannot be stopped from running for office. The proposal will have to be passed by the Lok Sabha for it to become the new law.
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