The main Opposition asked if the Parliament should not have utilised this opportunity to allow a provision of this nature to be wiped from the statutes. Jaitley wrote an article on the issue where he echoed these views.
“The President would be well within his rights to advise the government that it ought not to legislate an unconstitutional legislation. President would be within his rights to refer the matter back to the government,” he said.
Noting that even though a convicted MP or MLA cannot vote on a bill as per the ordinance, his participation in the debates would certainly influence the course of law making.
He said criminalisation of politics and politicisation of criminals have been a matter of grave concern for the Indian democracy and India is still grappling with the problem of allowing politicians named in charge sheets with offences involving moral turpitude who contest elections and get elected to legislative bodies.
“The credibility of politics, public life and governance has suffered,” he said.
