Clarify on convicted legislators' ordinance: President

Hours after meeting Bharatiya Janata Party (BJP) leaders, President Pranab Mukherjee on Thursday asked the government to clarify the urgent need to bring an ordinance that protects convicted MPs and MLAs from disqualification, according to sources.

Also Read: Relief to convicted legislators: Cabinet clears ordinance

According to sources the President has asked Law Minister Kapil Sibal and Parliamentary Affairs Minister Kamal Nath for clarifications on the need for the ordinance. Pranab has also enquired about the status of the Bill in Parliament.

A delegation of BJP leaders on Thursday met the President to voice the party's opposition to the ordinance. The BJP urged the President not to sign the ordinance. "The BJP is opposed to this ordinance and it is unconstitutional, illegal and immoral" said LK Advani after meeting the President.

Sushma Swaraj added that the President has assured that he will take a decision on it only after examining it. "The President has assured us that he will examine the ordinance and then only take any decision," said Sushma. "When the Bill is pending before the standing committee of the Rajya Sabha, how can the government bring an ordinance," she said.

Meanwhile, Congress leader and Minister of State Milind Deora has come out in the open against the ordinance. He tweeted that the ordinance could endanger the already eroding public faith in democracy. "Legalities aside allowing convicted MPs/MLAs to retain seats in the midst of an appeal can endanger the already eroding public faith in democracy," Deora twitted.

Another Congress leader Anil Shastri also twitted his reservation against the ordinance. He tweeted, "The government's ordinance negating Supreme Court order on convicted MPs/MLAs will greatly damage the poll prospects of the Congress in the coming Assembly elections." Asserting that the ordinance could have been avoided, Congress leader Digvijaya Singh said, "In such contentious issues of political leaders, it is better to bring about the political consensus rather than bringing an ordinance."

The Union Cabinet had on Tuesday cleared an ordinance which allows convicted and jailed MPs and MLAs to contest elections. The ordinance is a reversal of Supreme Court judgement that had not only disqualified lawmakers convicted of offences with 2 years or more in jail but also also barred from contesting elections. The ordinance will allow convicted legislators to continue in office, if the appeal against the conviction is admitted by a higher court within 90 days.

The ordinance says that if a lawmaker appeals his conviction or the sentence is stayed by a higher court, he can attend Parliament/ state Assemblies but cannot draw salaries or vote. In a landmark ruling Supreme Court had on July 10, 2013 struck down the legal provision that protects a lawmaker from disqualification even after conviction in a criminal case. The apex court ruled that MPs or MLAs shall stand disqualified from holding the membership of the house from the date of conviction in a trial court.

The court held Section 8(4) of the Representation of the Peoples Act as ultra vires. The section allows a convicted lawmaker to remain in office till the pendency of appeal.