
SC seeks centre's response on plea challenging election law
India TV NewsNew Delhi, Jan 11: The Supreme Court Thursday asked the central government to file its response to two PILs contending that a provision of India's electoral law was unconstitutional. A bench of Justice A.K. Patnaik and Justice Gyan Sudha Misra asked the government to respond to the contention that sub-section of section 8 of the Representation of People Act, 1951 violated Article 14 guaranteeing equality before the law and Article 102 that gives grounds for the disqualification of member of parliament.The sub-section permits elected members of parliament and state assemblies to continue to function as such even after conviction for criminal offences.The apex court is hearing two PILs - one by advocate Lily Thomas and the other by NGO Lok Prahari - contending that under the law, a person convicted of certain offences was barred from contesting election whereas an elected member of parliament or state legislature continues to function as the member even after conviction merely because he had filed an appeal against the conviction.Lok Prahari has contended that Section 8 was the root cause of the presence of politicians with criminal background in the parliament and state legislatures. It says that whatever safeguards that were provided in Section 8, Section 8 and Section 8 of the act are obliterated by Sections 8 in the case of elected representatives.It has contended as to how could there be two situations where a person convicted of certain offence and sentence is barred from contesting election while an elected representative convicted of same offence and sentence gets away merely because an appeal had been filed against the conviction and sentence.The court's direction to the central government to file its response to the two PILs came after it was found that it had not so far filed its reply.The court gave four weeks to file the response and directed the listing of the matter on Feb 12, 2013.
History of this topic

Lifetime Ban On Politicians Convicted In Criminal Cases To Continue? What Centre Told SC
ABP News
'How Can Convicted Politicians Come Back?' : Supreme Court Seeks Union, ECI Stand On Lifetime Bar For MPs/MLAs After Conviction
Live Law
'Very Pertinent Issue': Supreme Court To Hear PIL Against RP Act Provision Allowing Election Of Uncontested Candidate On Mar 19
Live Law
SC asks if poll ban on candidates charged with crimes will cause irreversible damage
The Hindu
Separatists, dreaded criminals becoming lawmakers: What needs to be done
Op India
Plea in SC seeks review of verdict scrapping electoral bonds scheme
New Indian Express
Congress leader moves SC seeking to restrain Centre from appointing new ECs
The Hindu
Supreme Court Adjourns Hearing Of Plea Seeking Ban On Convicted Persons From Forming Political Party Till August
Live Law
The top court’s push for clean politics
Hindustan Times
Centre opposes plea in SC to debar candidates charged with ‘serious’ offences
Hindustan Times
After Rahul Gandhi's Disqualification, Plea In SC Challenges Automatic Disqualification Of Elected Members Upon Conviction Of 2 Years
Live Law
SC issues notice to Centre, ECI on plea challenging act which restricts prisoners from voting
India Today
SC seeks replies of Centre, EC on PIL seeking voting rights for prisoners
Deccan Chronicle
"Even Permanent NRIs Can Become PM/CM In India": Plea In Allahabad High Court Against Representation Of People Act, Reply Sought
Live Law
Life Ban On Convicted MP/MLAs : Necessary To Hear Issue At Length, Says Supreme Court
Live Law
Centre Opposes in SC PIL Seeking Lifetime Ban on Convicted Politicians
News 18
Centre Opposes Plea For Life Ban On MPs/MLAs On Conviction In Criminal Cases, At Par With Public Servants
Live Law
Supreme Court seeks Centre\'s stand on banning convict netas for life
Deccan Chronicle
Plea in SC to debar those on trial for serious offences from contesting elections
Firstpost
Why Supreme Court Order on ‘Criminals’ in Politics is Hypocritical
The Quint
11 candidates move HC for permission to contest polls
The Hindu
SC says 'need to deal carefully with' issue of penalising political parties and candidates for not disclosing criminal antecedents
Firstpost![SC Asks ECI To Decide On Plea To Stop Political Parties From Fielding Candidates With Criminal Cases [Read Order]](/static/images/error.jpg)
SC Asks ECI To Decide On Plea To Stop Political Parties From Fielding Candidates With Criminal Cases [Read Order]
Live Law![Non-Disclosure Of Criminal Cases In Which Charges Have Not Been Framed Does Not Amount To Suppression In Election Affidavit: Bombay HC [Read Judgment]](/static/images/error.jpg)
Non-Disclosure Of Criminal Cases In Which Charges Have Not Been Framed Does Not Amount To Suppression In Election Affidavit: Bombay HC [Read Judgment]
Live Law
SC Declines Early Hearing On Plea By Kerala MLA KM Shaji Challenging His Disqualification
Live Law
SC Declines Early Hearing On Plea By Kerala MLA KM Shaji Challenging His Disqualification
Live Law![SC To Hear Plea For Life Ban On Convicted Persons From Contesting Elections On Dec 4 [Read Order]](/static/images/error.jpg)
SC To Hear Plea For Life Ban On Convicted Persons From Contesting Elections On Dec 4 [Read Order]
Live Law
Disclosure Of Criminal Antecedents Of Candidates: Delhi HC Refuses To Entertain PIL For Compliance With SC Directions In Upcoming Assembly Elections
Live Law
SC Rejects Plea To Reduce Time For Filing Of Accounts Of Election Expenses
Live Law
SC Rejects Plea To Reduce Time For Filing Of Accounts Of Election Expenses
Live Law
Media outlets express concerns about SC judgment on disqualification of politicians facing criminal charges
Firstpost
Parliament can take a call on tainted netas, says Supreme Court
Deccan Chronicle
Supreme Court says it can’t ban criminals in politics, leaves it to Parliament
Hindustan Times![Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal](/static/images/error.jpg)
Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal
Live Law![Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal](/static/images/error.jpg)
Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal
Live Law
Supreme Court to hear pleas seeking disqualification of lawmakers, say 'criminalisation' should not enter politics
Firstpost
Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC
Live Law
Prohibiting Candidates From Contesting From More Than One Constituency Might Infringe Their Rights: Centre Tells SC
Live Law![PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]](/static/images/error.jpg)
PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]
Live Law![PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]](/static/images/error.jpg)
PIL In SC Seeks To Treat Making A False Statement/Declaration Before EC, CEO, Election Officers An Electoral Offence [Read Petition]
Live Law![PIL In SC Seeking To Make Bribery & Other Election Offences Cognizable, Punishable With Min 2-Yr Jail Term [Read Petition]](/static/images/error.jpg)
PIL In SC Seeking To Make Bribery & Other Election Offences Cognizable, Punishable With Min 2-Yr Jail Term [Read Petition]
Live Law
No legal bar on convicted persons joining political parties: Centre tells SC
Live Mint![Centre Opposes Plea For Barring Convicts From Heading Political Parties [Read Affidavit]](/static/images/error.jpg)
Centre Opposes Plea For Barring Convicts From Heading Political Parties [Read Affidavit]
Live Law
1,765 lawmakers have criminal cases against them, Centre tells Supreme Court
The Hindu
SC asks Centre, poll panel to respond to plea for equal powers of 2 ECs at par with CEC
Live Mint
SC allows plea seeking disclosure of source of income of political candidates
Live Mint
Supreme Court questions convicted politicians heading parties
Deccan Chronicle
SC seeks response from Centre on PIL seeking ban on convicts from heading parties
Firstpost![Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI [Read Order]](/static/images/error.jpg)
Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI [Read Order]
Live Law![Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI [Read Order]](/static/images/error.jpg)
Ban On Convicts Forming Political Parties: SC Notice To Centre, ECI [Read Order]
Live LawDiscover Related

















































