In an effort to nullify the recent Supreme Court verdict banning those in jail or police custody from contesting elections, the Centre has introduced an amendment to the Representation of the People Act in Parliament.
All political parties had urged the Centre to intervene and amend the RP Act as the Supreme Court’s order could be “misused” in future. The Government has also filed a review petition in the Supreme Court against the verdict.
Law Minister Kapil Sibal introduced the Representation of the People (Amendment and Validation Bill), 2013, in the Rajya Sabha. In the statement of objects and reasons, he said the definition of the term ‘disqualified’ in will be amended so that only the existing provisions of the RP Act will be applicable to an MP or an MLA.
The existing Act says that disqualification could be initiated only on conviction for offences such as promoting enmity between different religions, rape, cruelty towards a woman, preaching and practice of untouchability, dealing with funds of an unlawful association, preventing singing National Anthem, hoarding or profiteering and adulteration of food or drugs.
“Further, the Government is of the view that without waiting for the outcome of the said review petition, there is a need for suitably addressing the situation arising out of the said order of the Supreme Court. Therefore, it is proposed to amend the said Act,” Sibal said in the statement.
Meanwhile, the standing committee on Law and Justice said the Election Commission should have statutory backup to implement Model Code of Conduct during elections. “The Committee recommends that provisions of Model Code of Conduct may be formed a part of Representation of People Act, 1951 or rules framed thereunder for free and fair elections in the country,” the panel said in a report submitted in both the houses here on Monday.
“The instructions/orders issued by Election Commission of India under Article 324 of the Constitution sometimes appears to be encroaching upon legislative power of Parliament. The Committee stresses upon the government that such instructions/ orders issued by Election Commission of India may be suitably incorporated in the Representation of People Act, 1951 or rules framed thereunder,” it added.
jigeesh.am@thehindu.co.in