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Disqualifying MPs, MLAs on conviction: Govt may seek review

Law Minister Kapil Sibal today said the government will discuss and decide in the coming days on the two verdicts

Kapil Sibal
Press Trust of India New Delhi
Last Updated : Aug 02 2013 | 4:10 PM IST
Seeking to negate the two Supreme Court verdicts on lawmakers, one of which disqualifies MPs and MLAs from the House immediately upon their conviction, government may approach the apex court for a review and also go for a 'legislative remedy' by amending the current laws.

Law Minister Kapil Sibal today said the government will discuss and decide in the coming days on the two verdicts.

'We could go back to the Supreme Court saying you ignored certain aspects,' he told reporters.

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In reply to a question, he said the government could also seek a 'legislative remedy' by approaching Parliament.It means bringing an amendment bill in Parliament.

'Talks with various political parties are on...Whatever decision is taken will be based on consensus,' he said.

He said while government respects SC orders, 'it is possible that the decisions have political repercussions on the political system and that it has not been fully examined.'

Sources said the government feels that the Supreme Court bench that pronounced the judgement did not take into account the fact that the issue of constitutionality of sub-section (4) of Section 8 of the Representation of the People Act had already been settled by a five-judge bench in 2005.

This matter should have been decided by a constitution bench of the court.

In its July 10 judgement,the apex court struck down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.

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First Published: Aug 02 2013 | 4:00 PM IST

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