The government on Friday introduced a bill in the Rajya Sabha to reverse the Supreme Court judgment on the immediate disqualification of MPs/MLAs in case they are convicted by a court for any offence punishable with more than two years of imprisonment.
Law minister Kapil Sibal introduced the bill to amend the Representation of the People Act, which makes it clear that an MP or MLA cannot be disqualified after conviction if his or her appeal is pending before a court and sentence has been stayed.
The bill, however states that the concerned MP/MLA will not have a voting right and would also not get any salary or allowance till the final disposal of the appeal.
“A disqualification under any of the said sub-sections shall not, in the case of a person who on the date of the conviction is a Member of Parliament or the legislature of a state, take effect, if an appeal or application for revision is filed in respect of the conviction and sentence within a period of 90 days from the date of conviction and such conviction or sentence is stayed by the court,” states the bill.
Once passed, the amendment to the Act shall come into effect from July 10, the day the Supreme Court gave the judgment.