A brief chronology of Ordinance: What you need to know about govt's ordinance on convicted netas
272 views · Published 3 October 2013 · 2:40 · Indexed 20 September 2026
Channel: DD News · 2013 · News & Politics
The controversial Ordinance on Representation of the People 2013 became the hot topic of debate after the Supreme Court verdict on this on 10th July this year. The court had ruled that section 8(4) of the Representation of Peoples Act, 1951 violates the constitution. This section of the constitution states that a sitting legislator cannot be disqualified from Parliament or State Legislatures on conviction in a criminal case if he files an appeal in the appropriate court. Terming this as a violation, the apex court held that MPs and MLAs will face immediate disqualification on their conviction in a criminal case with a jail term of more than 2 years. Besides, the apex court also barred those people from contesting elections who are in police or judicial custody . However, many political parties strongly opposed to the Supreme Court's ruling. Following which, the government moved the Supreme Court on August 12, seeking a review of the judgment. They said, public representatives should be given a chance to file an appeal in the higher court after a lower court gives its decision. After this, on August13, parties across the political spectrum agreed to amend the Representation of the People Act to overturn Supreme Court's verdict. Almost all political parties expressed that the decision can be misused to restrict people from contesting elections. An amendment bill was introduced in Rajya Sabha on August, 30,. The amendment allows a legislator to retain membership of the legislature even after conviction, if an appeal against the conviction is filed before a court and the sentence is stayed by the court. The bill is however still pending with the upper house. On September 4, the Supreme Court refused to review its verdict that an MP or MLA convicted of any criminal offence attracting a punishment of two years and above will be disqualified immediately. The apex court, however agreed to reconsider its other judgement debarring arrested persons from contesting polls. On September 24, the Cabinet cleared an ordinance to reverse the Supreme Court judgment. Two days later, on September 27, while hearing a PIL, the apex court said that it may hear the plea against the proposed ordinance only after the law gets nod from President. Later in the day, situation turned upside down. Congress Vice President Rahul Gandhi addressed the media and staged a strong protest over the ordinance. He also wrote a letter to Prime Minister and expressed his views. Following this, the entire political situation changed and issue went up to the level that a cabinet meeting held on 2nd October to re look into the ordinance issue.
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