Earlier, the lawmaker had a privilege to contest elections, even if getting convicted by a lower court and his appeal was pending with the higher court. The same privilege was not available to a person, who was not a lawmaker. The returning officer of the election was empowered to strike down his nomination paper after noticing that he was convicted. The Supreme Court found the privilege given to fight the election to convicted members as against the Constitution, which guarantees the equality of opportunity to all. The Court also found the continuation of the lawmakers as members of the legislative bodies flawed, because no other public servant could continue on their posts after the conviction.

The judgment of the Supreme Court was widely hailed throughout the country, though a larger section of our political class was not happy. The Union Government, by deciding to promulgate the ordinance is only trying to please this section of the political class, but it is inviting wide criticism from general public, who want the polity free from criminals and the public life free from corruptions.

That is why; it is very difficult to believe that the Union Government would go against the mood of the nation by making a Law to save the convicted Lawmakers from loosing their membership and facilitating re-election. Yes, there is rider that to continue as a Lawmaker, the convict will have to appeal before a Higher Court within 90 days. But the rider can be overcome by the convict.

The million dollar question is why has the Union Government gone so far as to save the convicted lawmakers through the Ordinance route? It is true that during the Monsoon Session of the Parliament the government attempted a legislation to undo the 10th July judgment of the Supreme Court, but because of lack of consensus, it could undo the judgment only partly, in which a person in judicial or police custody facing charges, was allowed to contest. After failing to save the convicts by a proper legislation in the Parliament, the government has taken the easy route of Ordinance, which will ultimately has to be replaced by an Act by the Parliament.

It is difficult to believe that the present action of the Government is inspired by the conviction of its Rajya Sabha MP Rasheed Masood, whose quantum of punishment has yet to be announced. He has been found guilty under the Anti Corruption Act and is likely to get an imprisonment of over 2 years, thus loosing his Rajya Sabha seat. He was found to be involved in an act of corruption, when he was Minister of State in Health Ministry under VP Singh government, during 1990. Though, Rasheed Masood is a small fish in the national politics, his loss of Rajya Sabha membership might not have prompted the Government to go for such an unpopular decision.

There is another case, which is of vital importance. It pertains to Bihar’s strongman Lalu Yadav. 18 years old fodder scam case, in which he is an accused, may come to an end on September 30, in a trial court of Ranchi, when the judgment will be announced. It is believed in the legal as well as political circle that Lalu Yadav is going to be convicted and he will lose not only his Lok Sabha seat, but also his right to contest elections as per the July 10 judgment of the Supreme Court. If Lalu is behind bar and unable to contest the next election, his RJD may face extinction, because that is based on the personality of Lalu alone. The probable extinction of Lalu’s RJD will affect the politics of Bihar in a way, which may not suit the Congress. Though, Congress has a choice between Nitish Kumar and Lalu, but anyone who understands the caste politics of Bihar, knows that after severing ties with BJP, Nitish has ceased to be a factor in that state. Hence, Congress would like to enter into an alliance with Lalu.

Consideration of Lalu as its ally in Bihar is the only factor, which has prompted the Union Government and Congress to take the Ordinance route to save the convicted Lawmakers. If Lalu is not saved, the politics of Bihar may take an interesting turn, in which Muslims may switch over to Nitish, who has emerged as their well wisher by snapping ties with BJP. Lalu has woven a Yadav Muslim alliance and if Muslims shift to Nitish, then Yadavas may move towards BJP. The reason is obvious. Yadavas consider Nitish as their main foe and to defeat his party, they will certainly move towards BJP, which has made Narendra Modi as its PM candidate. The leader of the BJP in Bihar Assembly (thus the leader of opposition) is Nand Kishore Yadav. This may be the another motivating factor for Yadavas to like BJP.

Yadava is the single largest caste of Bihar spread throughout the state. Its switch towards BJP because of its anti Nitish sentiment, will give a big leverage to BJP, which is already selling the OBC status of Narendra Modi for getting the support of 54 percent strong Hindu OBCs. The end of Yadav Muslim alliance at social level may end the era of comparative communal harmony, because before Lalu era majority of Hindu Muslim riots, used to be in fact a Yadav Muslim riots. Bhagalpur riot, which claimed over 3000 lives, was a Yadav Muslim riot. Even during the reign of Lalu, a big riot had taken place in Sitamarhi in 1991, which was essentially a Muslim Yadav riot. With the break up of this alliance, the communal harmony may be disturbed and the main beneficiary of this would be none other than BJP.

Hence, Congress is trying to save the political death of Lalu Yadav by this ordinance. It is also clear that Congress does not consider Nitish a probable ally in the next Lok Sabha election. Yes, it would like to see Nitish JD(U) in a grand alliance against BJP.

But, will the Congress succeed in saving Lalu? The ordinance may be challenged in Supreme Court and if the Court finds it against the basic structure of the Constitution, it may yet declare it invalid. The review by Supreme Court will take some time, but in the mean time Congress has certainly lost some or its face among the public, who stand for clean politics.(IPA Service)