Disqualify legislators charged with serious offences: Report

By Staff
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Google Oneindia News

New Delhi, Feb 12 (UNI) In a recommendation that may strengthen the long-standing Opposition demand for the removal of tainted Ministers in the UPA government, the Second Administrative Reforms Commission has said elected representatives against whom courts have framed serious criminal charges should be disqualified.

''In cases of persons facing grave criminal charges framed by a trial court after a preliminary enquiry, disallowing them to represent the people in legislatures until they are cleared of charges seems to be a fair and prudent course,'' the commission said in its 263-page report submitted to Prime Minister Manmohan Singh today.

Section 8 of the Representation of the People Act, 1951 should be amended to disqualify all persons facing charges related to grave and heinous offences and corruption, with the modification suggested by the Election Commission, it said.

Pointing out that there were candidates who were facing grave charges like murder, abduction, rape and dacoity, unrelated to political agitations, the commission said that in such cases, there was need for a fair reconciliation between the candidate's right to contest and the community's right to good representation.

As a rule, it would be rash and undemocratic to disqualify candidates on some pretext or other, but it would not be fair to allow continuance of people charged with serious offences to remain as people's representatives, it said.

UNI

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