Disqualification muddle

Sir, - The acceptance of Mr. Balakrishna Pillai's nomination is clearly questionable. Section 7(b) of the Representation of the People Act, 1951, defines the word `disqualified' to mean disqualified for being chosen as and `for being a member' of either House of Parliament or of the Legislative Assembly or Legislative Council of a State. The relevant provision of Section 8 which makes an exception to disqualification is only to provide immunity to a sitting member from being unseated during the remaining term of the Legislature. What is clear from the provision is that since the disqualification emanates from judicial proceeding, Parliament had meant to respect the outcome of the particular judicial proceeding till it reached a stage of finality. But from the wording of the provision it is unclear, if while enacting it Parliament intended to give such a sitting member an advantage over other candidates facing such a disqualification.

If the conviction is upheld and the sentence of imprisonment for not less than two years is confirmed, the disqualification would become retroactive even in the case of a sitting member. It is for the courts, especially the apex court, to interpret the provision and determine its exact scope.

In the present political scenario, the courts may possibly be inclined to give Section 8(4) of the Act only a restricted meaning.

K.V. Padmanabha Rau,

Chennai

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