SC ruling on convicted lawmakers needs review,says Katju

“It should be reviewed. Making laws is the work of legislature. Judiciary can enforce laws but cannot make a law. Here I feel that the judiciary did the work of legislature,” Katju said.

He said there is separation of powers in the Constitution and no organ should interfere in others’ work.

The SC Wednesday ruled that elected representative convicted of a crime cannot continue in office,even if they appeal to a higher court. The court said conviction will lead to instant disqualification of the lawmakers from the date of conviction.

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The court struck down Section 8 (4) of the Representation of the People Act 1951 which protects convicted lawmakers against disqualification.