File pic: President Pranab Mukherjee is unsure about government ordinance to protect convicted netas
President Pranab Mukherjee faces a tough decision on an ordinance to protect convicted MPs and MLAs from disqualification, pushed by the government in questionable haste despite protests not only from the opposition but within the ruling Congress.
Sources say the government is under pressure to withdraw the measure, with the President reportedly "unsure of the compelling reasons" for bringing the ordinance at this time and many Congress leaders coming out publicly against the proposed measure.
Today, Congress MP Priya Dutt tweeted what seemed to be her criticism of the move, "I do and always stand for clean politics and electoral reforms. Criminal free parliament is the least we can do for India."
This comes a day after union minister Milind Deora tweeted on Tuesday, "Legalities aside allowing convicted MPs/MLAs to retain seats in the midst of an appeal can endanger already eroding public faith in democracy." Congress leaders Digvijaya Singh and Anil Shastri have also expressed their reservations.
Last night, the President called the government's top troubleshooters - Law Minister Kapil Sibal, Home Minister Sushil Kumar Shinde and Parliamentary Affairs Minister Kamal Nath - who were left to defend the legal basis of the ordinance that overturns a Supreme Court order of July that disqualifies lawmakers immediately after conviction.
The government's ordinance allows MPs or MLAs convicted in a corruption case or sentenced to two years in jail to stay on without a salary or voting rights if they appeal to a higher court.
The President, say sources, may wait for Prime Minister Manmohan Singh to come back from the US on Tuesday before any decision. Which means the ordinance may not be signed before a crucial hearing against Lalu Yadav, a loyal ally of the Manmohan Singh government, who faces disqualification if a Jharkhand court convicts him on Monday in the multi-crore fodder scam.
However, if signed, the ordinance will come into retrospective effect from July 10 - that may come as a relief to Mr Yadav, if he is convicted.
The BJP alleges that the ordinance, hurriedly approved by the union cabinet this week, was timed to protect politicians like Mr Yadav. The party has asked the President to return what senior party leader Sushma Swaraj described as an "illegal, immoral and unconstitutional" ordinance.
Several activists and people from different forums say the ordinance tries to protect tainted lawmakers who have lost the right to decide on laws.