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
- 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
Add your Answer below
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
- 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
• 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.