SC verdict on convicted lawmakers amounts to making law: Katju

Jaipur: Press Council of India chairman justice Markandey Katju today expressed reservation over the recent Supreme Court verdict, barring convicted lawmakers from contesting polls, saying it should be reviewed as "judiciary cannot make laws".

"I have some reservations over this judgement. 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 told reporters on the sidelines of a function in Jaipur.

Press Council of India chairman justice Markandey Katju. Image courtesy PIB

Press Council of India chairman justice Markandey Katju. Image courtesy PIB

The retired judge of the apex court said that there is separation of powers of organs (judiciary, legislative and executive) in the Constitution and no organ should interfere in others' work.

The Supreme Court on Wednesday ruled that elected representative convicted of a crime cannot continue in office, even if they appeal to a higher court.

The court said that conviction will lead to instant disqualification of the lawmakers from the date of conviction.

The court struck down Section 8 (4) of the Representation of the People's Act 1951 which protects convicted lawmakers against disqualification on ground of pendency of appeal against their conviction in higher court.

PTI

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