New Delhi: The Supreme Court has been told that the legal provisions which limit the disqualification of MPs to six years after the release of a convict from jail are clearly arbitrary and violate Article 14 of the Constitution.
“MPs and MLAs represent the sovereign will of the people and once found committing an offense involving moral turpitude, they can be permanently disqualified from holding the said office. Limiting the period of disqualification is a provision of the Equality Clause This is a gross violation.” Article 14 of the Constitution,” said senior lawyer Vijay Hansaria.
In his 19th report filed in Ashwini Kumar Upadhyay’s PIL regarding speedy trial of MPs and MLAs, the lawyer along with colleague Sneha Kalita supported permanent disqualification of the convicted MPs from holding office.
He suggested the court to independently investigate the matter related to permanent disqualification.
Acting as amicus curiae, the lawyer pointed out the provisions of sub-sections (1), (2) and (3) of Section 8 of the Representation of the People Act to the extent that he would “remain disqualified for the further period ” six years after his release” is clearly arbitrary and in violation of Article 14 of the Constitution.
He said, “There is no point in limiting the disqualification to a period of six years from the date of release of the convict for the purpose of disqualifying him from being a member of the legislature.”
The lawyer pointed out that as per the existing provisions, a person is eligible to contest elections after six years of release, even if he has been convicted for heinous crimes like rape or dealing in drugs or involvement in terrorist activities or corruption. Has been convicted for indulging in.
He said there are many statutory authorities who, if found guilty, become permanently disqualified from holding office.
He added, “But a person making a law shall be disqualified only for a limited period, although law makers are required to be more sacred and inviolable than persons holding office under such law.”
Citing service rules applicable to central and state government employees, he said a person found guilty of any offense involving moral turpitude can be dismissed from service.
“Even a Class IV employee shall be liable to dismissal from service on conviction of an offense involving moral turpitude, in the case of Class I, II and III employees and persons holding any post under the All India Services Act, 1951 Leave aside the people belonging to this category, rules have been made under this,” he said.
