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Indian Supreme Court bars politicians from contesting from inside jails

(Xinhua)

14:43, July 12, 2013

NEW DELHI, July 12 (Xinhua) -- Continuing its spree to decriminalize the country's electoral system, India's Supreme Court has ruled that those in jail or in police custody will not be allowed to contest in polls, whether or not they are convicted of any crime.

"A right to vote is a statutory right, the law gives it, and the law takes it away. Persons convicted of crime are kept away from elections. The court has no hesitation in interpreting the Constitution and the laws framed under it, that persons in the lawful custody of the police also will not be voters, in which case, they will neither be electors," the top court said.

The Supreme Court's order came in sync with the 2004 judgement by the Patna High Court in the eastern Indian state of Bihar that "if a jailed person can't vote, a jailed person can't contest elections."

The judgement could affect the political career of many politicians currently lodged in jail in India.

On Wednesday, the apex court had ruled that a lawmaker would have to quit immediately if convicted by a lower court of a crime carrying a minimum punishment of two years in jail.

More than 150 Members of Parliament in the 543-seat Lower House (Lok Sabha) are currently facing criminal charges, according to a survey.

In India, politicians that convicted of a crime by a lower court used to hold office by appealing to higher courts, which usually could take years.

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