RPA amendment: SC's approval allows jailed mins to contest polls

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Supreme Court
New Delhi, Nov 20: Jailed politicians can now heave a sigh of relief as the Supreme Court has approved the amendment to the Representation of the People Act. With this, jailed politicians can now contest elections.

Supreme Court had earlier trashed a provision to protect jailed ministers

Earlier on July 10, 2013, the Supreme Court had passed a judgement saying that anybody in police custody cannot contest elections. However, in light of the present amendment, the Supreme Court said,"a person does not cease to be an elector only by a reason of being in police custody/jail and can therefore contest elections to the state legislation and Parliament."

The Supreme Court had earlier trashed the provision to protect convicted MPs and MLAs, allowing them to contest elections from jail. It said that MPs or MLAs shall be disqualified from being the member of the house from the date of conviction in a trial court.

The court had the Section 8(4) of the Representation of the People Act as ultra vires. This section allowed a convicted lawmaker to remain in office till the pendency of an appeal.

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