The Centre on Monday pointed out to judicial delays to justify the protection offered to convicted MPs/MlAs from immediate disqualification.
In its review petition questioning the July 10 order of the apex court that brought an abrupt end to the term of convicted and jailed MPs/MlAs, the Union law Ministry said, “This court ought to have appreciated that the impact of the decision in the reality of the Indian judicial system is that the rate of acquittal in the appellate court is high and keeping in view the time taken to dispose of the criminal appeals, Section 8(4) was enacted to protect the House and ensure that governance is not adversely impacted,” it said.”
The Centre contended that protecting convicted MPs and MlAs from disqualification during pendency of appeal was necessary “to protect the House and to ensure that governance is not adversely impacted”.
The apex court had on July 10 held that an MP or MlA convicted of any criminal offence attracting a punishment of two years and above will be disqualified immediately and a person, who is in jail or in police custody, cannot contest election to legislative bodies.
Section 8(4) of Representation of the Peoples Act said that a convicted legislator can continue in office if he or she appeals in a higher court within three months of the conviction. A two-judge bench of the apex court declared it unconstitutional, although the Centre argued that a five-judge Constitution Bench had certified validity of the same provision.