Onus now is on Political Parties and the Parliament
September 30, 2023
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
    • Global Commons
  • G20
  • Editorial
  • Analysis
  • Opinion
  • International
  • More
    • Sports
    • Defence
    • RSS in News
    • Azadi Ka Amrit Mahotsav
    • Politics
    • Vocal4Local
    • Business
    • Economy
    • Special Report
    • Culture
    • Sci & Tech
    • Entertainment
    • Education
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
    • Podcast
MAGAZINE
No Result
View All Result
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
    • Global Commons
  • G20
  • Editorial
  • Analysis
  • Opinion
  • International
  • More
    • Sports
    • Defence
    • RSS in News
    • Azadi Ka Amrit Mahotsav
    • Politics
    • Vocal4Local
    • Business
    • Economy
    • Special Report
    • Culture
    • Sci & Tech
    • Entertainment
    • Education
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
    • Podcast
No Result
View All Result
Organiser
No Result
View All Result
  • Home
  • Bharat
  • World
  • G20
  • Editorial
  • Opinion
  • Analysis
  • Culture
  • Defence
  • International Edition
  • RSS in News
  • Magazine
Home Bharat

Onus now is on Political Parties and the Parliament

In a historic decision on termination of membership from legislature immediately on being convicted, the SC has dealt a major blow to the ascending trend of ?criminlisation of politics?. A Bench of Justices comprising of A.K. Patnaik and S.J. Mukhopadhaya ruled that Section 8 (4)

by WEB DESK
Jul 13, 2013, 02:50 pm IST
in Bharat
FacebookTwitterWhatsAppTelegramEmail

SC Push for Probity in Polity

Prafulla Ketkar

undefinedIn a historic decision on termination of membership from legislature immediately on being convicted, the SC has dealt a major blow to the ascending trend of ‘criminlisation of politics’. A Bench of Justices comprising of A.K. Patnaik and S.J. Mukhopadhaya ruled that Section 8 (4) of the Representation of the People Act that allows convicted lawmakers a three-month period for filing appeal to the higher court and to get a stay on the conviction and sentence, unconstitutional. Though the ruling will be prospective and members of legislatures who had already filed appeals in various High Courts or the Supreme Court against their convictions would be exempt from it, the ruling has sent a strong signal in favour of probity in polity. 

In response to the two writ petitions filed by advocate Lily Thomas and Lok Prahari, through its General Secretary S. N. Shukla, the Bench has not only taken away the immunity available to the peoples’ representatives but also removed the discriminatory provisions of the Act. With reference to the two provisions in Articles 102(1) (e) and 191(1) (e) of the Constitution, the bench clarified that the provision of Section 8 (4) of the Representation of the People Act, continuing as a member of Parliament or the State Legislature even after conviction is contradictory  to disqualification of a convicted person from contesting election. With this landmark judgment, many representatives with criminal background will be automatically disqualified once they are convicted in the lower court. In continuation of the judgment, the bench also barred criminals from contesting elections from jail, after lawful conviction. The convict’s entry will be restricted for six years after his release. Under the Representation of the People Act, a convict who is in jail is not an ‘electorate’, therefore he is also disqualified from contesting election, is the logic given in the ruling.  

This judgment, in many ways, is significant in restoring the faith of common masses in the democratic process. It has nullified the logic of ‘we are there because people elect us’, In the name of supremacy of the Parliament, democratic system is manipulated. As per the estimate by some NGOs, more than 40 percent members of legislatures are with criminal background. Gone are the days when criminals were the puppets of politicians.  Now criminals are acquiring key decision-making positions by fighting the elections. As part of election strategy, they help common people in social, financial and legal matters. As people do not have many options, they either prefer not to vote or are compelled to vote for the person who gets their work done.  

The criminals have been manipulating both the political and the legal system. Top politician lawyers like Kapil Sibal and Ram Jethmalani are defending criminals as part of their professional commitment. Most often police or public prosecutors are bribed. This is not the first time where the Supreme Court or the Election Commission has attempted to break the nexus between political parties and muscle-money power. The disclosure of candidates’ assets and their involvement in criminal cases was made mandatory in an earlier attempt. Beyond that no major provisions could be made as twenty-one major regional and national political parties teamed up to annul those steps. Even to the recent judgment, the response of all political parties, barring BJP, is cautious. 

It suggests that Indian democracy has to travel a long way to bring probity in governance. The conviction rate in the lower courts has to improve. Laws are never bad; their effectiveness lies in the will to implement them. The crime-politics nexus is a big threat to our economy and security. The onus is on the political parties and the parliament because the bogie of judicial activism will again be derailed by vested interests. Unless public opinion is garnered to pressurize the government for this cleansing act, mere Supreme Court interventions will not suffice.

ShareTweetSendShareSend
Previous News

Nitish too silent over Bodh Gaya blast

Next News

?Bodh? of ?Gaya? Terror Strike: Decoding the Network

Related News

Assam Panchayat Elections: State Election Commission releases final voter list

Assam Panchayat Elections: State Election Commission releases final voter list

Five State Assembly Polls: BJP gears up, convenes meeting of party’s general secretaries

Five State Assembly Polls: BJP gears up, convenes meeting of party’s general secretaries

Ujjain rape case: Priyank Kanoongo compares Congress leaders with ‘selfish and uncaring individuals’

Ujjain rape case: Priyank Kanoongo compares Congress leaders with ‘selfish and uncaring individuals’

West Bengal: “Abhishek Banerjee is mastermind,” says Shantanu Thakur on BJP supporter’s mother’s death case

West Bengal: “Abhishek Banerjee is mastermind,” says Shantanu Thakur on BJP supporter’s mother’s death case

Jharkhand: CRPF soldier martyred in an IED blast triggered by Maoist in West Singhbhum

Jharkhand: CRPF soldier martyred in an IED blast triggered by Maoist in West Singhbhum

‘Sankalp Saptaah’ launched by PM Modi at Bharat Mandapam with an aim to improve governance at block level

‘Sankalp Saptaah’ launched by PM Modi at Bharat Mandapam with an aim to improve governance at block level

Load More

Comments

The comments posted here/below/in the given space are not on behalf of Organiser. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.

Latest News

Assam Panchayat Elections: State Election Commission releases final voter list

Assam Panchayat Elections: State Election Commission releases final voter list

Five State Assembly Polls: BJP gears up, convenes meeting of party’s general secretaries

Five State Assembly Polls: BJP gears up, convenes meeting of party’s general secretaries

Ujjain rape case: Priyank Kanoongo compares Congress leaders with ‘selfish and uncaring individuals’

Ujjain rape case: Priyank Kanoongo compares Congress leaders with ‘selfish and uncaring individuals’

West Bengal: “Abhishek Banerjee is mastermind,” says Shantanu Thakur on BJP supporter’s mother’s death case

West Bengal: “Abhishek Banerjee is mastermind,” says Shantanu Thakur on BJP supporter’s mother’s death case

Jharkhand: CRPF soldier martyred in an IED blast triggered by Maoist in West Singhbhum

Jharkhand: CRPF soldier martyred in an IED blast triggered by Maoist in West Singhbhum

‘Sankalp Saptaah’ launched by PM Modi at Bharat Mandapam with an aim to improve governance at block level

‘Sankalp Saptaah’ launched by PM Modi at Bharat Mandapam with an aim to improve governance at block level

UK: Khalistanis stop Indian High Commissioner Vikram Doraiswami from visiting Gurudwara in Glasgow

UK: Khalistanis stop Indian High Commissioner Vikram Doraiswami from visiting Gurudwara in Glasgow

Meri Mati Mera Desh: BSF Meghalaya organises Amrit Kalash Yatra

Meri Mati Mera Desh: BSF Meghalaya organises Amrit Kalash Yatra

PM Vishwakarma Yojana: “Some people look at everything from glass of politics,” says Tamil Nadu Governor RN Ravi

PM Vishwakarma Yojana: “Some people look at everything from glass of politics,” says Tamil Nadu Governor RN Ravi

Manipur Students Killing: “Definitely, we will catch culprits…,” says CM N Biren Singh

Manipur Students Killing: “Definitely, we will catch culprits…,” says CM N Biren Singh

  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

No Result
View All Result
  • Home
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
    • Global Commons
  • Editorial
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS in News
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
    • Podcast
  • Subscribe Magazine
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies