Specify time limit

Sir, - The intention of the provisions of Section 8(4) of the Representation of the People Act appears to be that an MP or a MLA, being the elected representative of the people, should not be disqualified abruptly on getting convicted. He should be given a chance to appeal and be granted immunity from disqualification till his appeal is disposed of by the Appellate Court.

In the absence of any specific time limit, any member can continue to enjoy immunity from disqualification for an indefinite period and for any number of terms of Parliament or Legislature as long as the appeal is not disposed of. This is a loophole to the advantage of sitting members covered by Section 8(4).

The exact provisions of this section relating to immunity from disqualification appear to be intended to apply only to the particular term of Parliament or Legislature for which a person is elected and to the specific election through which he was elected before his conviction. It is necessary that a time limit for immunity for sitting members is clearly specified.

The matter deserves critical scrutiny by the Supreme Court which should decide whether Section 8(4) is discriminatory and violates the basic structure of the Constitution.

A.V.S. Mani,

Chennai

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