Conviction of MPs and MLAs

Conviction of MPs and MLAs

Subject – Polity

Context – The Supreme Court has decided to hear “at length” a plea that convicted parliamentarians and State legislators, former and sitting, should be disqualified and banned for life from contesting elections to Parliament or Assemblies.

Concept –

• The RPA, 1951 lays down certain rules for disqualification of MPs and MLAs.
• Section 8 (3)of the Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release.
• Even if a person is on bail after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election.
• Section 8(4) allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court.
• The Supreme Court in Lily Thomas Case, 2013 struck down section 8(4) of the RPA, 1951 and declared it ultra vires and held that the disqualification takes place from the date of conviction.
• Recently, the CJI Bench further said more special Central Bureau of Investigation (CBI) courts needed to be set up in places where more than 100 cases were pending “to ensure easy accessibility to the witnesses and decongestion of existing special/CBI courts”.