Disqualifying MPs, MLAs on conviction: Govt may seek review

August 2, 2013

Kapil_SibalNew Delhi, Aug 2: 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.

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.

The apex court also made it clear that MPs, MLAs and MLCs would stand disqualified on the date of conviction.

The court said Parliament has exceeded its powers by enacting the provision (Section 8(4) of the Representation of Peoples Act) that gives a convicted lawmaker the power to remain in office on the ground that appeals have been filed and pending.

In another order it said that a person, who is in jail or in police custody, cannot contest election to legislative bodies.

The apex court ruled that only an "elector" can contest the polls and he/she ceases the right to cast vote due to confinement in prison or being in custody of police.

The court, however, made it clear that disqualification would not be applicable to person subjected to preventive detention under any law.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 25,2020

New Delhi, Jun 25: Diesel price in the national capital crossed the Rs 80 per litre-mark for the first time ever on Thursday as oil companies raised prices for the 19th day, taking the cumulative rate to Rs 10.63 a litre.

Petrol price, after a day's hiatus, was hiked by 16 paise and the increase in less than three weeks now totals Rs 8.66 per litre.

Petrol price in Delhi was hiked to Rs 79.92 per litre from Rs 79.76, while diesel rates were increased to Rs 80.02 a litre from Rs 79.88, according to a price notification of state oil marketing companies.

Diesel had for the first time become costlier than petrol in Delhi on Wednesday and has now crossed the Rs 80 per litre-mark.

Rates differ from state to state depending on the incidence of value-added tax (VAT).

However, diesel is costlier than petrol only in the national capital where the state government had raised local sales tax or VAT on the fuel sharply last month. It costs less than petrol in other cities.

The 19th daily increase in rates since oil companies on June 7 restarted revising prices in line with costs after ending an 82-day hiatus in rate revision, has taken diesel prices to fresh highs.

In 19 straight days, diesel price has gone up by Rs 10.63 per litre. Petrol price has been hiked on 18 occasions since June 7 and now totals to Rs 8.66 a litre.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 24,2020

Kochi/Mumbai, Jan 24: Two students who recently returned from China have been kept under medical observation at the Ernakulam Government Medical College here for possible exposure to the coronavirus, an outbreak of which in China has triggered a global health scare.

Reports from Mumbai said two persons there too have been put observation at the civic-run Kasturba Hospital in Chinchpokali, PTI reported.

Health officials said no cases of the deadly infection have been detected.

One of the students being screened in Kerala and both being screen in Mumai have reported symptoms such as cold and fever and has been kept in isolation wards.

The additional district medical officer of Ernakulam, Dr S Sreedevi, said samples of the student’s body fluids would be sent to the National Institute of Virology in Pune for tests.

The youngster consulted a doctor at a private hospital and was referred to the Ernakulam hospital in the wake of the virus outbreak in Wuhan city of China.

A stringent screening system has been set up at the Kochi International Airport to screen passengers who have been in the affected province in China. Persons who have been to Wuhan and showing symptoms of cold, cough and fever are being immediately shifted to the Ernakulam hospital.

All quariantine facilities have been put in place there including an isolation ward and a ventilator.

The other person under observation in Kerala is an MBBS student from Kottayam district who recently returned from his college in China. The district medical office said she has no health issues. She was put under observation as a precautionary measure.

In Mumbai, 1,789 passengers have undergone thermal screening at the Chhatrapati Shivaji Maharaj International Airport for the coronavirus since January 19.

Coronavirus cases were first reported from Wuhan, the capital of central Chinas Hubei province in China.

In the wake of the coronavirus outbreak in China, doctors at international airports have been asked to screen travellers for symptoms if they are returning from China. All private doctors have been asked to alert the authorities if they observe symptoms of the coronavirus.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 6,2020

May 6:The Congress on Wednesday said it is "economically anti-national" to fleece Indians of Rs 1.4 lakh crore by raising taxes on petrol and diesel, and urged the Centre to share 75 per cent of this revenue with states so that people are not burdened.

Congress chief spokesperson Randeep Surjewala said when the entire country is fighting the COVID-19 pandemic and its poor, including migrants, shopkeepers and small businessmen, were virtually penniless, the government of India was "fleecing" 130 crore Indians by insurmountably raising prices of petrol and diesel.

"To fleece people of India in this fashion is economically anti-national," he told reporters at a press conference through video conferencing.

Surjewala alleged that the manner in which "illegally and forcibly" this recovery is being made is "inhumane, cruel and insensitive".

"The government should transfer 75 per cent of this money so collected through raise in taxes to states. This will ensure there is no further burden on people of India, by way of more taxes on petroleum products by states," he said.

He said the issue was discussed at a meeting of the chief ministers of Congress-ruled states with party president Sonia Gandhi, where everyone besides former prime minister Manmohan Singh and Congress leader Rahul Gandhi expressed deep concerns.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.