Bill substitutes Section 8(4) after Supreme Court deems it unconstitutional

It aims to address a Supreme Court judgment that declared the previous provision invalid by allowing members to retain their seats if they file an appeal and get the conviction stayed, while restricting their voting and salary rights.

Who it concerns: Members of Parliament and members of State Legislatures who have been convicted of specific offences listed in Section 8 of the Representation of the People Act, 1951.

What the bill does

• Substitutes Section 8(4) of the Representation of the People Act, 1951.
• Disqualification from membership does not take effect if an appeal or revision application is filed within 90 days of conviction AND the conviction/sentence is stayed by the court.
• From the date of conviction until the conviction is set aside, the member cannot vote or draw salary/allowances.
• The member may continue to participate in the proceedings of Parliament or the State Legislature.
• Validates the amended provisions as if they had been in force at all material times, notwithstanding any court judgment or order.

Also in the document

• The Bill is a response to the Supreme Court judgment in Lilly Thomas Vs. Union of India (dated 10th July, 2013), which held the previous sub-section 8(4) was ultra vires the Constitution.
• The Act is deemed to have come into force on 10th July 2013.
• The Government filed a petition for review of the Supreme Court judgment but proposed this amendment to address the situation without waiting for the review outcome.