Colourable (In)Actions- Stay On Conviction As A Way Around For Disqualification

Introduction

The Hon'ble Supreme Court through its judicial activism and judgements concerning The Representation of the People Act, 1951 (Hereinafter referred to as 'The Act') has altered the operation and dynamics of Indian Polity. Owing to an expansive interpretation of Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'The Code'), a disqualification of a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State, upon being convicted for any offence as enumerated under Section 8 of The Act, is eligible to be stayed/suspended. The purpose of this article is to provide an insight into Section 389(1) of The Code and its relationship/overlapping effect on the disqualifications originating from application of Section 8 of The Act.