SC Refuses To Entertain Plea That Challenges Section Providing Automatic Disqualification Of Convicted MPs, MLAs

A two-judge Supreme Court bench has refused to entertain a constitutional challenge to Section 8(3) of the Representation of the People Act, 1951.

The provision, which provides for automatic disqualification of a legislator from Parliament or state assembly upon conviction in a criminal case, was challenged as being unconstitutional by social activist Aabha Murlidharan.

She said the Section 8(3) of the Act is ultra vires the Constitution since it curtails free speech of an elected Member of Parliament (MP) or Member of Legislative Assembly (MLA) and restrains lawmakers from freely discharging their duties cast upon them by the voters of their respective constituency.

The bench comprising of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala, while hearing the advocates and refusing to entertain proceedings, reasoned on the grounds that the petitioner had no locus since the provision did not affect the petitioner personally in any capacity.

The court offered the petitioner opportunity to withdraw the plea or face dismissal, after which the plea was withdrawn.

Notably, the same provision was the basis for the recent disqualification of Congress leader and MP Rahul Gandhi after a Surat court convicted him on charges of criminal defamation and sentenced him to two years in prison.

Recently, his appeal against the order of the Surat court’s conviction in Gujarat High Court was also dismissed.