The Government has no plans to bring an Ordinance to secure convicted lawmakers. This means that the latest Supreme Court verdict disqualifying MPs/MlAs on conviction in a criminal case will stand good, spelling trouble for the likes of RJD leader lalu Prasad Yadav, who faces an imminent verdict in the fodder scam.
With frantic efforts of the Centre to push through a law overriding the SC judgement of July 10 having failed to get approval of both the Houses of Parliament, it was believed that the Centre may take the Ordinance route to restore Section 8(4) of the Representation of Peoples’ Act, which was struck down by the Court as unconstitutional.
This provision insulated lawmakers. They could continue in their office and enjoy all perks and benefits despite a court convicting them in an offence punishable with more than two year sentence. They just had to file an appeal against the conviction within three months.
Highly placed sources in the Government said that for now there is no thinking on taking the Ordinance route. They said the Government has not yet decided on the future course of action to negate the apex court verdict.
As both Houses of Parliament were prorogued after the end of the Monsoon Session, an Ordinance can technically be brought. Sources said, “The Government did not press for the passage of the amendment Bill as the Opposition changed its stance at the last minute.” The Opposition, led by the BJP, opposed the changes by way of the amendment Bill following which it was referred to the Standing Committee of Parliament.
The Centre also lost on its review petition filed before the apex court where it challenged the SC judgement. It was dismissed as the apex court maintained that the protection to lawmakers was arbitrary and unconstitutional. The verdict only provided for an elected member to continue in the event he/she obtained a stay on conviction. Sources indicated that the Government has planned to file no curative petition following rejection of its review plea.