Bill substitutes Section 8(4) after Supreme Court deems it unconstitutional
This Bill amends the Representation of the People Act, 1951 to change the rules for when a sitting Member of Parliament or State Legislature loses their seat after a criminal conviction. 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.
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.
- 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.
Written from the document by AI, and checked against it. The original below is authoritative.
The original document
Document details
| Official title | THE REPRESENTATION OF THE PEOPLE (SECOND AMENDMENT AND VALIDATION) BILL, 2013 |
| Source body | Parliament of India — Bills (Lok Sabha & Rajya Sabha) |
| Reference number | LXII |
| Status | closed (bill) |
| Year | 2013 |
| Closing date | — |
| Documents | 1 |