President puts a question mark on govt bid to shield convicted MPs

Mukherjee is likely to consult legal experts before taking a call.

Related: Cabinet overrules Supreme Court,clears ordinance to protect convicted MPs

The surprise move to summon the ministers came amid opposition from the BJP,a section of the Congress and questions being raised on the legality of the move. The Cabinet had cleared the ordinance last Tuesday and sent it for the President’s assent.

Related: SC judgments on convicted MPs,MLAs,then & now

Mukherjee met the ministers shortly after a high-level BJP delegation comprising L K Advani and Leaders of Opposition Sushma Swaraj and Arun Jaitley met him and requested that he refer the ordinance — which they said was “unconstitutional” — back to the government for reconsideration.

Related: AAP to challenge Union Cabinet’s Ordinance on convicted lawmakers

But Mukherjee seemed to have made up his mind to summon the ministers even before the BJP delegation called on him — it was around 2 pm when the ministers were asked to reach Rashtrapati Bhawan at 7 pm.

Related: PIL in SC against ordinance to protect convicted lawmakers

Sources said Mukherjee asked the ministers about the “urgency” behind issuing the ordinance,since a Bill in this regard is pending in Parliament. He is also learnt to have asked questions about the Supreme Court judgment of July 10,and wanted to know whether the government could issue an ordinance on a matter that is before a standing committee of Parliament.

A section of the Congress has already voiced reservations against the ordinance. As reported by The Indian Express on Thursday,Delhi Chief Minister Sheila Dikshit had called up Prime Minister Manmohan Singh to express her disapproval.

On Wednesday,Congress general secretary Digvijaya Singh said that a political consensus must be evolved rather than resorting to ordinances.

And on Thursday,union minister Milind Deora tweeted: “Legalities aside,allowing convicted MPs/MLAs (to) retain seats in the midst of an appeal can endanger already eroding public faith in democracy.”

Bihar Chief Minister Nitish Kumar slammed the UPA government for bringing the ordinance: “What was the need for bringing an ordinance through the back door? It would have been better if the amendment Bill was passed by Parliament after debate. Such important matters should be comprehensively debated in Parliament and passed after taking opinion of all the parties.”

Telugu Desam Party chief Chandrababu Naidu said: “It is blatantly shameless,a trademark Congress move. We demand annulment of the ordinance.”

Former Delhi High Court Chief Justice Rajinder Sachar has questioned the ordinance,saying,“Is the government taking us back to Emergency days? How can the government bring an ordinance on a clause that has been struck down as being unconstitutional by the Supreme Court not once,but twice?”

On July 10,the Supreme Court ruled that an MP or MLA would be immediately disqualified if convicted by a court in a criminal offence with a jail term of two years or more. The court struck down Section 8 (4) of the Representation of the People Act,1951,which protects convicted legislators from disqualification if they appeal before a higher court within three months.

“The only compelling reason for bypassing Parliament and taking the ordinance route is to help a class of tainted politicians who are already convicted or are apprehensive of a court judgment in near future. That a government can be pressurized by the logic of the tainted speaks volumes on the lack of integrity of this government,” the BJP said in its memorandum to the President. The ordinance,the BJP said,was “illegal,immoral and unconstitutional”.