The parliament enacts legislation and the apex court checks the validity of those legislation in accordance with our constitution. Earlier in 2014, the top court said in a judgement that politicians having 'criminal backgrounds' should not serve as lawmakers in the government. In 2013, the court ruled on the same issue with a judgement that mentioned that the chargesheeted MPs and MLAs convicted for offences shall be instantaneously disqualified on the date of conviction and struck down Section 8(4) of the RPA act as unconstitutional.
According to the RPA act a person when convicted of the charges is a criminal and as of now according to that act, only after the conviction a person is barred from contesting elections. We know the time it takes to convict a person in our legal framework and if it is a high profile person then the conviction may take the entire tenure of his legislatorship. All of us are aware of the different corrupt practices of politicians as reported in medias from time to time and to stop the corrupt practices we need strong legislation to protect our democracy.
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