Automatically disqualification for convicted legislator or MP are not possible : Government tells Supreme Court

The Central Government has filed an affidavit in the Supreme Court saying that if any legislator or MP is found guilty in any criminal case, he will not be disqualified himself and his seat can not be declared vacant with immediate effect. The reason for this is that the law gives them an opportunity to appeal against the decision to blame themselves and get a hold on it.

Modi government said that this policy is a matter. Court should not interfere in it. The Supreme Court has opposed the petition of the Lokpal NGO, which said that if a legislator or MP is found guilty in the criminal case , his seat should be declared vacant with immediate effect.




The petition has been made the basis of the Supreme Court’s 2013 verdict in which the court had said that if a legislator or MP is found guilty in the criminal case, then with immediate effect, he will be disqualified. It is known that every third newly elected MP in the new Lok Sabha is a criminal background . This has been revealed on the basis of affidavit filled by MPs.

Based on the analysis of the National Election Watch (NEW) and Association for Democratic Reforms (ADR) 543 members affidavit of 541 members, 186 or 34 percent of the elected MPs have disclosed in their affidavit that criminal cases against them Are there.

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