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Bill LXII of 2013

edited October 2013 in Current Affairs
Can anyone please explain in brief the Bill LXII of 2013 namely The Representation of the People (Second Amendment and Validation) Bill 2013 about which there was an article in "The Hindu" today.

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  • edited October 2013
    Can anyone please explain in brief the Bill LXII of 2013 namely The Representation of the People (Second Amendment and Validation) Bill 2013 about which there was an article in "The Hindu" today.
    July 10th, 2013 -- Lily Thomas vs Union of India case Judgement.

    Supreme Court : " sub section (4) of Section 8 of the Representation of the People Act ,1951 is ultra vires the Constitution (which means that the parliament had exceeded its legislative competence in enacting this provision)."

    SC further added " lawmakers have to quit if they are convicted of a crime and can't stay on regardless of appeals to higher courts"

    It means - the disqualification of MP/MLA takes place from the date of conviction.

    Representation of the People (Second Amendment and Validation) Bill, 2013 seeks to address the situation arising out of the Supreme Court’s judgment.

    It substitutes sub-section (4) of section 8

    >The amendment allows a member of parliament or state legislature to retain their membership even after conviction, if an appeal against the conviction is filed before a court within 90 days and the sentence is stayed by the court.If a stay is not obtained within three months against the conviction,the MP/MLA would stand disqualified.

    This reinstates the position that was created by section 8(4) of the Representation of People Act, 1951.

    >The Bill also states that the member of parliament or state legislature can continue to take part in proceedings of the legislature but will neither be entitled to vote nor draw salary or allowances until the appeal or revision is finally decided by court.

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