Moving to negate Supreme Court ruling on immediate disqualification of convicted lawmakers, the Cabinet on Thursday gave its nod to a proposal under which such MPs and MLAs will retain their membership till pendency of appeal but will be barred from voting and drawing salary.
The proposal, in the form of Amendments to the Representation of People Act, will ensure that a lawmaker cannot be disqualified after conviction if his or her appeal is pending before a court and sentence is stayed.
The law ministry's proposal to amend the Representation of People Act 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 is stayed.
A proviso added to sub-section (4) of section 8 of the RP Act makes it clear that the convicted member shall continue to take part in proceedings of Parliament or Legislature of a state but he or she shall neither be entitled to vote nor draw salary and allowances till the appeal or revision is finally decided by the court.
The law ministry has proposed that the amendment to the RPA shall come into effect from July 10, 2013, the day the Supreme Court gave the landmark judgement.
The move comes against the backdrop of the SC verdict on immediate disqualification of MPs and MLAs after being convicted. The apex court judgement had brought together all parties which wanted it to be negated.
In another decision, the cabinet approved a controversial proposal to replace the existing system of appointment of judges by the SC collegium with a seven-member Judicial Appointments Commission.