GS Mains 2019 Question Analysis

  • On what grounds a peoples representative can be disqualified under the representation of people act, 1951? Also mention the remedies available to such person against his disqualification.

Mains Assignment Question

On what grounds a people’s representative can be disqualified under the representation of people act, 1951? Also mention the remedies available to such person against his disqualification. (250 Words)

Subjects : Constitution, Polity & Governance

Answer Approach :
  • Introduction: Mention about Article 327 which gives EC the power of disqualification of people’s representative on various grounds
  • Body: List down the various disqualification as mentioned in Representation of People Act, 1951. Mention the remedies available under RPA, 1951 for such disqualified members. End by quoting example.
  • Conclusion: Suggest certain reforms for implementation
Feedback:
Rating :
★★★★★★★★★★ ★★★★★★★★★★
(3/10)

Overall Feedback:

1) Your introduction of answer is good and further you can briefly mention about constitutional provisions in this regard such as Art-327 of Indian Constitution.

2) Twice you have used the word 'certain', it gives the impression of 'lack of clarity', avoid use of such words when question clearly asks for provisions.

3) You have missed few points which you can see in the discussion video. Please read the model answer also.

4) Information written in second part of answer is incorrect and incomplete. 

5) conclusion can be made more apt by writing about the impact of the RPA-1951 citing few examples. 

6) Language, style of writing and presentation are good.

7) Answer is well presented apart from factual mistakes. Conceptual clarity is needed. 

All the best!

 

Feedback:
Rating :
★★★★★★★★★★ ★★★★★★★★★★
(3/10)

Overall Feedback:

1) Your answer is good and content completion is nearly 80%.

2) You have told almost all grounds of disqualification but lack in providing the information on 'who decides these matters'. 

3) There is a linkage gap between 'grounds of disqualification and provisions for relief. 

Overall answer is good, precise and appropriate.

All the best!

Add your Answer below

Description

Article 327 of Indian Constitution empowers Parliament to make law about elections and disqualifications of Legislatures. Accordingly, Representation of People Act, 1951 (RPA) provides grounds of disqualification of MPs & MLAs.

Grounds of Disqualification

  • Corrupt Practice such as bribery, undue influence, attempt to promote, feelings of enmity or hatred in society, propagating communal ideologies and glorifying practice of sati, defaming rival candidates, taking illegal help from officers to win elections.
  • Convicted for rape, cruelty towards a woman by husband or relative of a husband, hoarding, profiteering, adulteration of food or drugs, Disqualification for Dismissal for corruption or disloyalty
  • Convicted under the following Acts: UAPA Protection of Civil Rights Act, 1955 for preaching and practice of "untouchability" and any disability.  Customs Act for Importing or exporting prohibited goods, Narcotic Drugs and Psychotropic Substances Act, Prevention of Insults to National Honour Act, 1971, Commission of Sati (Prevention) Act, Prevention of Corruption Act, Dowry Prohibition Act.
  • An officer who has been dismissed for corruption or disloyalty
  • If a person has entered into contract with government for business
  • On failure to lodge account of election expenses with ECI

    Remedies available

  • The person can approach the Election Commission for waiver
  • If the disqualification has resulted due to an election petition filed in High Court, then the person can approach Supreme Court for appeal under section 116A.
    Question Analysis & Discussion

    Conclusion
    • A person is disqualified only after conviction for their offence. Government must implement 244th Law Commission Report on reforms pertaining to decriminalisat of politics whereby electoral disqualification must initiate at the stage of framing of charges with adequate legal safeguard.



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