(Image source from: SC verdict puts an end to criminal rule})

In a historical judgment issued by the Supreme Court of India on Wednesday, the apex court boot-legged the Representation of the People Act that allowed elected representatives to carry on as members even after being convicted in criminal cases. As a result of this verdict, no tainted MPs or MLAs with criminal history will be allowed to be a part of the legislature.

"If because of a disqualification a person cannot be chosen as a member of parliament or state legislature, for the same disqualification, he cannot continue as a member of parliament or the state legislature," the Supreme Court said.

"Parliament does not have the power under Articles 102(1)(e) and 191(1)(e) of the constitution to make different laws for a person to be disqualified for being chosen as a member and for a person to be disqualified for continuing as a member of parliament or the state legislature," commented the apex court bench of Justice A.K. Patnaik and Justice S.J. Mukhopadhaya.

"The language of Articles 102(1)(e) and 191(1)(e) of the constitution is such that the disqualification for both a person to be chosen as a member of parliament or the state legislature or for a person to continue as a member of parliament or the state legislature has to be the same," the duo further added.

"Sitting members of parliament and state legislature who have already been convicted for any of the offences... (and) saved from the disqualifications by virtue of sub-section (4) of Section 8 of the Act should not, in our considered opinion, be affected by the declaration now made by us in this judgment," said Justice Patnaik.

Further, the court said, "This is because the knowledge that sitting members of parliament or state legislatures will no longer be protected by sub-section (4) of Section 8 of the act will be acquired by all concerned only on the date this judgment is pronounced by this court.”

"...if any sitting member of parliament or a state legislature is convicted of any of the offense and by virtue of such conviction and/or sentence suffers the disqualifications after the pronouncement of this judgment, his membership of parliament or the state legislature, as the case may be, will not be saved by subsection (4) of Section 8 of the act which we have by this judgment declared as ultra vires the constitution,” the court  added.

AW: Suchorita Dutta