Government Ordinance Route to Protect Convicted MPs & MLAs

RASHID MASOOD, MP

LALU PRASAD YADAV, MP

There is a saying ‘leopards don’t change their spots’. So, the Congress led government at the Centre has finally decided to protect convicted MPs and MLAs by clearing an Ordinance that would reverse the earlier decision of the Supreme Court according to which an MP or an MLA would have lost the membership of the House he or she was elected to on being convicted for two years or more for crime.

Now, even if an MP or an MLA is convicted by the trial court for two years or more, the Member will not lose his or her seat if an appeal lies in the higher court. The ordinance as a token of punishment provides that the MP or the MLA convicted would, however, will not be entitled to vote in division of the House on any motion or debate nor the convicted MP/MLA would be able to draw salary. But the convicted MP or MLA can participate in all the proceedings of the House.

The immediate reason for this backdoor move of the government is essentially because of political reasons. Lalu Prasad Yadav is expecting a verdict by the special designated CBI court in Ranchi on fodder scam by the end of this month. He did try to delay and even scuttle the judicial process of pronouncement of the judgment by moving the Supreme Court that the judge concerned carries bias against him since his relative is a Minister in the JD(U) Government in Bihar. Eminent lawyer Ram Jethmalani represented the case of Lalu Yadav. However, the Supreme Court rejected the plea and refused to give any reprieve to the accused Lalu Yadav in this matter.

Though the nature of the verdict will be known only after the judgment is pronounced, from the argument and evidences placed by the prosecuting agency, the CBI it is likely that the court would hold Lalu guilty of crime in the fodder scam. In case he is sentenced for two year or more imprisonment Lalu would not only lose his Lok Sabha seat but will not be able to contest 2014 general elections to the Lok Sabha.

The Government has come to Lalu’s rescue by recommending the Ordinance to the President for its promulgation.

The second man Congress wants to protect is Rashid Masood, Rajya Sabha MP who was tried for manipulating admission in medical colleges while a Minister. Masood too is expecting a verdict shortly. Should he be convicted in the case and if the punishment runs for two years or more, he too would have lost his Rajya Sabha seat. Once the ordinance is promulgated, he is saved from losing his membership of the House.

Under the provisions of the Indian Constitution, the Ordinance once promulgated by the President has to be ratified and adopted as a bill by Parliament within six months from the date of the promulgation. The next session of Parliament would be held sometime in November that is winter session of Parliament. It is likely that the Government would be able to pass the relevant bill that amends the Representation of the People Act with the help of political parties like the Communists. Surprisingly, the CPI(M) and the CPI have thrown their weights behind criminal politicians and are set to support the Bill once it is table in Parliament.

It is a sad commentary that a golden opportunity provided by the Supreme Court to cleanse our Political system and free our Parliament and State Assemblies from criminals has been lost. Thanks to our political parties to espouse the monster of criminality in legislature.

~R. K. Sinha