The Rajya Sabha unanimously passed a bill amending the Representation of the People (RP) Act, 1951, which will overturn the Supreme Court order banning those in jail and police custody from contesting elections. The amendment — once approved by the Lok Sabha — will maintain the right of those in jail to contest polls.
The RS approved it following a debate which saw all members, across party lines, pointing out how courts through such an order sought to go by the popular notion of terming the politicians as criminals.
Moving amendments to the Act, law minister Kapil Sibal said the SC judgment was “erroneous” and advised the judiciary to be “extremely careful” in giving rulings that have an impact on the country’s polity.
The Representation of the People (Amendment and Validation) Bill, 2013, which was passed by the House, seeks to add a proviso to sub-section (2) of section 62 of the RP Act to state that a person cannot cease to be a voter while in detention as h/his right is only temporarily suspended. The SC had 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 RS approved it following a debate which saw all members, across party lines, pointing out how courts through such an order sought to go by the popular notion of terming the politicians as criminals.
Moving amendments to the Act, law minister Kapil Sibal said the SC judgment was “erroneous” and advised the judiciary to be “extremely careful” in giving rulings that have an impact on the country’s polity.
The Representation of the People (Amendment and Validation) Bill, 2013, which was passed by the House, seeks to add a proviso to sub-section (2) of section 62 of the RP Act to state that a person cannot cease to be a voter while in detention as h/his right is only temporarily suspended. The SC had 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.
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