Convicted individuals not to contest elections

2.1K Views
0 Replies
1 min read
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.

19 Replies

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.
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.
The Supreme Court is the true saviour of the Indian Democracy- the largest in the world. A welcome decision.
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.
Then most of the MPs and MLAs won't contest in the future elections. :P
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.
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...
This is a right decision and it should introduce fro ago. this may be a right step to make corruption free.
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.
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.
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.


Just wait and watch, the anti defection law is still applicable but they find ways to switch parties.
Samajvadi Party is the first to oppose the Supreme Court judgment and favored reversal of the decision by parliament. It appears that other parties also share the views but are less bold.

http://timesofindia.indiatimes.com/india/Samajwadi-Party-leads-revolt-against-SC-verdict/articleshow/21092385.cms
Samajvadi Party is the first to oppose the Supreme Court judgment and favored reversal of the decision by parliament. It appears that other parties also share the views but are less bold.

http://timesofindia.indiatimes.com/india/Samajwadi-Party-leads-revolt-against-SC-verdict/articleshow/21092385.cms


One can guess why ? since Samjwadi party is filled with questionable and criminal characters, with the chief Mulayam singh yadav himself carrying several cases against him, it is another matter that everyone looks the other way when people have power in their hands...
Samajvadi Party is the first to oppose the Supreme Court judgment and favored reversal of the decision by parliament. It appears that other parties also share the views but are less bold.

http://timesofindia.indiatimes.com/india/Samajwadi-Party-leads-revolt-against-SC-verdict/articleshow/21092385.cms


As expected, others are not coming forward because they know that some others would make it easy for them. They are more sure than SP that it doesn't stand a chance to become a law.
Now the political parties are united against the Supreme court Decision to ban convicted persons from contesting elections. They are advancing argument of supremacy of parliament and stability especially in view of coalition politics.

http://www.hindustantimes.com/India-news/NewDelhi/Political-parties-unite-object-to-SC-order-on-convicted-lawmakers/Article1-1101704.aspx

http://www.indianexpress.com/news/parties-want-house-to-stand-up-to-supreme-court/1150131/
Now the political parties are united against the Supreme court Decision to ban convicted persons from contesting elections. They are advancing argument of supremacy of parliament and stability especially in view of coalition politics.

http://www.hindustantimes.com/India-news/NewDelhi/Political-parties-unite-object-to-SC-order-on-convicted-lawmakers/Article1-1101704.aspx

http://www.indianexpress.com/news/parties-want-house-to-stand-up-to-supreme-court/1150131/


We shall see a hoard of criminals and filmy people in coming elections. They are the most in demand.
It reminds me of an anecdote. When dacoit raj in chambal valley came to an end, some one asked, "Where these dacoits gone?"

Someone replied, "They are in the parliament."
It reminds me of an anecdote. When dacoit raj in chambal valley came to an end, some one asked, "Where these dacoits gone?"

Someone replied, "They are in the parliament."


No, that is not correct some are not even alive. :laugh: :laugh:
But jokes apart many won elections @ fire power.
It reminds me of an anecdote. When dacoit raj in chambal valley came to an end, some one asked, "Where these dacoits gone?"

Someone replied, "They are in the parliament."


No, that is not correct some are not even alive. :laugh: :laugh:
But jokes apart many won elections @ fire power.


Yes and this is a saga that continues.

Topic Author

Topic Stats

Created Thursday, 11 July 2013 05:49
Last Updated Tuesday, 30 November -0001 00:00
Replies 0
Views 2.1K
Likes 0

Share This Topic