Highlights

  • SC on lawmakers' disqualification
  • Can't club offences to disqualify lawmakers
  • Hearing against Maharashtra MLA

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Lawmakers can't be disqualified by clubbing punishments: Supreme Court

The Supreme Court has held that a lawmaker, MP or MLA, cannot be disqualified by clubbing sentences for separate offences.

Lawmakers can't be disqualified by clubbing punishments: Supreme Court

As per Representation of the People Act, a lawmaker sentenced to a jail term of two years or more are disqualified from Parliament and state assemblies.

However, the Supreme Court has clarified that a lawmaker cannot be disqualified by clubbing sentences for two separate offences.

The court was hearing a petition challenging the non-disqualification of Maharashtra MLA Omprakash who was sentenced to one-year imprisonment each on two charges of assault on a public servant and intentional insult.

As per Hindustan Times, the bench comprising justices Surya Kant and Dipankar Datta said that the Representation of the People Act clearly mentions ‘any offence', meaning a singular offence.

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"So, it has to be at least two years for any one offence a person is convicted of and sentenced to,” it said.


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