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Convicted individuals not to contest elections
in General Discussions
In a landmark decision, Supreme Court has ruled that convicted individuals are ineligible to contest elections to parliament and state assemblies even if they file appeal.

G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/

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    In a landmark decision, Supreme Court has ruled that convicted individuals are ineligible to contest elections to parliament and state assemblies even if they file appeal.


    A good verdict at last, though it was late.
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    In India, unfortunately, only convicted persons are framing rules and regulations. It has become their prime prerogative to become counted and only they are being followed.
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    The Supreme Court is the true saviour of the Indian Democracy- the largest in the world. A welcome decision.
    Live in the present :)
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    Question- Does supreme court has the power of making law?
    Ans- No, Supreme Court has no power of making law. In our country laws are made in parliament and no one can interfere in this process, not even the people who elect the 'respected' members of different houses. SC can give a ruling but a vested party would make them take their ruling back. If our supreme court finds something wrong with any department or our government, it may only warn such departments to make necessary amendments but cannot make their own laws. The SC must work within lawbook made by parliament and not enforce their own lawbook on parliament or our would be 'honorables' - because they find a way to take such rules back by same courts very soon.

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    Then most of the MPs and MLAs won't contest in the future elections. :P
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    Then most of the MPs and MLAs won't contest in the future elections. :P


    They will file petitions to withdraw decision. They will find loopholes as usual.

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    In a landmark decision, Supreme Court has ruled that convicted individuals are ineligible to contest elections to parliament and state assemblies even if they file appeal.


    Political parties are already up in the arms about this judgment saying that such a law can be manipulated and false chrages filed against candidates...So, they all may get together and go all out to see that the law gets if not completely removed, at least diluted to a certain extent, hope the legal fraternity stands firm on the issue...

    Pay no mind to those who talk behind your back, it simply means that you are two steps ahead !!!

    Thank you said by: Kalyani Nandurkar
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    This is a right decision and it should introduce fro ago. this may be a right step to make corruption free.
    www.mobileeduhut.blogspot.in
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    Question- Does supreme court has the power of making law?
    Ans- No, Supreme Court has no power of making law. In our country laws are made in parliament and no one can interfere in this process, not even the people who elect the 'respected' members of different houses. SC can give a ruling but a vested party would make them take their ruling back. If our supreme court finds something wrong with any department or our government, it may only warn such departments to make necessary amendments but cannot make their own laws. The SC must work within lawbook made by parliament and not enforce their own lawbook on parliament or our would be 'honorables' - because they find a way to take such rules back by same courts very soon.


    Supreme Court does not make law but interprets this and decides cases accordingly. Also supreme Court has the authority to strike down certain provisions in law that go contrary to constitution and its basic structure. Parliament has enacted the provision that a convicted person would not be disqualified from contesting election if he files an appeal. Supreme Court has struck down this provision as the fact of conviction does not change by mere filing of appeal. Unless the appellate court sets aside the conviction made by lower court, the disqualification to contest election will not be removed.

    G. K. Ajmani Tax consultant
    http://gkajmani-mystraythoughts.blogspot.com/

    Thank you said by: suni51
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    Then most of the MPs and MLAs won't contest in the future elections. :P


    They will file petitions to withdraw decision. They will find loopholes as usual.


    They will not file petitions they declare this amendment void in parliament with a resolution.
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