The Hindu : No disqualification unless convicted

Online edition of India's National Newspaper
Saturday, Aug 03, 2002

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No disqualification unless convicted

By Our Special Correspondent

NEW DELHI AUG. 2. Political parties across the spectrum today unanimously agreed to bring in legislation that would not disqualify a candidate from contesting elections for being chargesheeted in heinous crimes and decided that all elected representatives would declare their assets and liabilities to the presiding officers.

At an all-party meeting here, it was agreed that a Bill incorporating these proposals would be introduced in the ongoing monsoon session of Parliament for its consideration and passing.

Briefing correspondents, the Union Law Minister, K. Jana Krishnamurthi, said that it was agreed by all the parties that candidates would not be disqualified unless convicted as against a proposal in the draft electoral reforms Bill that suggested disqualification of a candidate who was chargesheeted in two cases of heinous crimes six months prior to the filing of nomination.

In the Representation of the People Act, there is already a provision that debars a person convicted for two years and more in a criminal case from contesting elections.

The provision for the declaration of assets by the elected representatives to the presiding officers, the Speaker of the Lok Sabha or the Legislative Assembly and the Chairman of the Rajya Sabha or the Legislative Council, as the case may be, seeks to nullify the Supreme Court judgment and a subsequent order by the Election Commission which made it mandatory for candidates and their family members to declare their assets to the returning officer.

Responding to questions, Mr. Krishnamurthi said the Ethics Committee of both the Houses would formulate the rules for the elected representative to file such a declaration. The agreement reached today could not be interpreted as a `rejection' of the earlier Bill, since only a draft was circulated for consideration of the political parties, he maintained.

In fact, the Rashtriya Janata Dal leader, Laloo Prasad Yadav, had suggested that only the final conviction should be taken into account for disqualification. Talking to correspondents later, he cited the case of the Tamil Nadu Chief Minister, Jayalalithaa, whose conviction was set aside by a higher court.

The Congress spokesman, S. Jaipal Reddy, said the party had no reservations on disclosures and that in its opinion, the apex court judgment did not contemplate disqualification at the stage of the returning officer.

The CPI general secretary, A.B. Bardhan, said he had suggested that any candidate who owed Rs. 1 crore or more to the banks (known as non-performing assets) should declare it at the time of filing nominations. While no political party opposed this suggestion at the meeting, it seems that the Government is not inclined to include this provision in the proposed Bill.

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