Chandigarh: Union Law Minister Kapil Sibal on Wednesday said that the Ordinance on convicted lawmakers approved by the cabinet goes in accordance with the Supreme Court order.
On BJP leader Sushma Swaraj requesting President Pranab Mukherjee not to sign the ordinance, that was approved by the Cabinet yesterday, Sibal said, "If BJP does not understand, what can I say. Sushma ji is a lawyer and if she had read it, she would have known that it has no relation with elections."
Sibal was speaking to mediapersons on the sidelines of a function here after inaugurating new bar complex extension at the Punjab and Haryana High Court premises.
"Whatever we have done in the Ordinance, it is according to the Supreme Court judgement," Sibal said in response to a reporter`s question that whether the ordinance would result in confrontation with the judiciary.
"According to the present day law, any MP, or even if he is not an MP, if he or she is convicted for more than 2 years under the Representation of People`s Act (sections 81, 82, 83) he cannot fight elections, and the ordinance does not say that he can fight the polls," Sibal said.
"If anybody is convicted for more than two years under sections 81, 82 and 83, as of today and henceforth, he cannot contest. As far as sitting Members of Parliament are concerned, if they are convicted, and if it is two years or more, the SC judgement says if court gives stay on conviction, there disqualification will end," he said.
"In fact, doing a thing different from the SC judgement, we have imposed even more restrictions. Ordinance has done what the Apex Court wants. So, therefore, whosoever reads the ordinance carefully, they, as well as those who are commenting on it, will understand," Sibal said.