The Union Cabinet will consider amending the Representation of People’s Act on Thursday to negate the Supreme Court judgement disqualifying MPs and MlAs convicted for more than two years. The law Ministry has prepared a note providing for their continuance in their posts if their appeal is pending before a court and the sentence is stayed.
The note has been prepared after an all-party meeting decided to amend the law to nullify the impact of the SC judgement. The amendment will ensure that the convicted member shall continue to take part in proceedings of Parliament or state legislature although he or she shall neither be entitled to vote nor draw salary and allowances till the appeal or revision is finally decided by the court.
“Notwithstanding anything contained in sub-section (1), sub-section (2) or sub-section (3), a disqualification under any of the said sub-sections shall not, in the case of a person who on the date of the conviction is a member of Parliament or the legislature of a state, take effect, if an appeal or application for revision is filed in respect of the conviction and sentence within a period of ninety days from the date of conviction and such conviction or sentence is stayed by the court.