Kudos To The Supreme Court .!!Well Done .

The Supreme Court has done what all of us wanted so desperately –it  delivered  a path breaking judgement on disqualification of law makers who are convicted in various courts .For some of you who may not be conversant with law ,there are several layers before a person can be convicted by the courts .For example ,one can be convicted for a crime in a district court –but that may not be be the only place where he stands convicted .He can appeal to a higher court –like the High Court ,or even to the Supreme Court .The result is that conviction in the Indian judicial system can be painfully slow because people take recourse to appeals  .Sometimes justice does not take place for someone who has been affected .Sometimes people die before the first hearing comes up in Court .Sometimes people don’t even knock at the doors of the courts .Because they know it will be vain .And that is the reason why politicians who have a criminal background are seldom  convicted .There is a politician who has been convicted in a fodder scam that took place 20 years back and continues to politic –because his case is now pending in the Supreme Court !!There are criminals in jails and winning by huge margins because they have appealed in the higher courts .Thats why there are 1460 MLAS and MPS who are facing criminal charges and are yet making laws for you and me.Because they are protected by clause 8(4) of the Peoples Representation Act which says that if convicted ,a lawmaker can appeal within 3 months to a higher court and continue to be in the Legislature .What the Supreme Court has done is that it has struck down the above provision and said that if a politician is convicted (in any court) –then he/she  is instantly disqualified .!!Which means that the politician can appeal to a  higher court  only after  vacating their seat  ,for acquittal and they (the politicians) know best how long that will take !!Ha Ha Ha !!Now instead of them wanting the case to be delayed –they will push for it to be hurried because that’s the only chance for them to get back into politics !!

However there are a couple of points that need to be understood

1.Lower courts are not always right in the judgement .So a politician can get a bad deal .

2.There can be cases “engineered”,against a politician to make sure he gets disqualified .

3.What will happen if 30 or 40 MPS get disqualified after getting into Parliament ,but befor getting convicted ?Re election ?What about the logistics?

4.The Supreme Court Judgement  however has made the law prospective –which means that all those who have been convicted and have already filed in their appeals will not fall under the purview of this decision .But anyone contesting elections in the future will be subject to the provisions of the act .

5.Political parties wont give tickets to people who can be convicted .With razor thin majorities in Parliament ,it would be disastrous for a political party to lose 5 MPS !!

I feel it’s a great judgement and will go a long way in cleaning up the system .Its time we as Indians don’t live life getting up everyday  ,subconsciously thinking that we are following laws which are made by 1/3 people who have  a criminal record .