Centre goes the ordinance way to beat SC ruling on conviction

The UPA government on Tuesday evening issued an ordinance that prevented the implementation of the Supreme Court judgment of July 10 that a legislator, either of Parliament or state assembly, shall lose his membership once a trial court convicts him or her.

The government’s move has come in for sharp criticism from opposition parties. The BJP and the Left parties berated the ordinance route that the government adopted, and argued that it should have waited for the winter session of Parliament to pass the necessary amendment to the Representation of People Act (RPA).

The government’s decision is being seen as a means to prevent the disqualification of Congress’ Rajya Sabha member Rashid Masood who has been convicted of bribery, and awaits sentencing on October 1.

RJD chief Lalu Prasad Yadav, a Lok Sabha member, faces the possibility of conviction in the fodder scam case on Sep 30. The ordinance will prevent the instant disqualification of the two members from Parliament.

Congress members are arguing there is nothing unlawful about the ordinance and that the amendment bill will be passed in Parliament.

None of the political parties are opposed to the amendment bill but they are of the clear view that the government is misusing the powers of issuing an ordinance to protect its own members and political allies.

Union cabinet minister Harish Rawat said the Supreme Court in its judgment had pointed out that there was no provision in the RPA for a legislator convicted in the lower court to go in appeal.