The Representation of the People Act, 1951 (RPA) was enacted to provide for the conduct of elections to the Houses of Parliament and to the House/s of Legislature of each State, details about the structure of administrative machinery for the conduct of elections; qualifications and disqualifications for membership to the two houses; the corrupt practices and other offences with respect to such elections and the decision of doubts and disputes arising therein.

The Act contains provisions for disqualification both for being chosen as, and, for being, a member of either house of the Parliament or the Legislature of the State. These have been broadly classified into the following grounds:

• Criminal grounds: Section 8(1) states that a person convicted of an offense punishable under: offense of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
  • offense of undue influence
  • any offense relating to rape or offense of cruelty towards a woman
  • offense of making statement creating or promoting enmity and hatred
  • ill-will between classes or offense relating to such statements in any place of religious worship or ceremony (of the Indian Penal Code (45 of 1860)).
• On grounds of corruption: Section 8(1) states that a person convicted of an offense punishable under offense of bribery/ corruption or disloyalty violation of The Prevention of Corruption Act, 1988.
• Other offenses: Likewise, there are various other offenses which if committed by a candidate will lead him to disqualification. For instance:
  • Preaching and practice of Untouchability (Protection of Civil Rights Act, 1955). Offence of importing and exporting of prohibited goods (Section 11 of the Customs Act, 1962).
  • Offence of being a member of an unlawful association (Sections 10-12 of Unlawful Activities (Prevention) Act, 1967).
  • Violation of The Narcotics Drugs and Psychotropic Substances Act, 1985.
• Contractual grounds: If a person has entered into contract with government for business.
• Failure of expenses reporting: On failure to lodge account of election expenses with Election Commission of India (ECI).

The Supreme Court of India, in its judgement in the Lily Thomas Case, 2013 ruled that any MP, MLA, or MLC who is convicted of a crime and sentenced to a minimum of two years in jail loses his membership in the house immediately.

Remedies available against such disqualification:

• Except under Section 8A (corrupt practices), the ECI may remove any disqualification, or reduce the period of any such disqualification.
• The person may file a petition with the President under sub-section (2) of Section 8A in respect of any disqualification.
• The disqualified person can move to a higher appellate authority for further consideration of the case, if he is satisfied that there is not sufficient ground for proceeding against him.
• For disqualification under corruption or disloyalty, the ECI cannot issue the certificate as conclusive proof of corruption or disloyalty, unless an opportunity of being heard has been given to the person.
• Furthermore, not all offences are of the same nature and degree. As such, the Act prescribes cut- off sentences for the case to be considered for disqualification.

Other than the provision of disqualification of a member through RPA, 1951, the Constitution of India also provides for disqualification of members on grounds of defection under the 10th Schedule.

Pressure groups are organised associations, unions or organisations of people having common interests. Through organised efforts, they try to influence the legislature, executive and other decision makers to have decisions made in their favour. Examples: FICCI, ASSOCHAM, India Against Corruption etc.

Techniques used by pressure groups

• Manipulate public opinion: Pressure groups provide the necessary information to the concerned people to shape their attitude towards a specific issue.
  • For instance, pressure groups are attempting to promote environmental awareness around the Kaiga project in Karnataka.
• Lobbying: At times, pressure groups are able to influence the legislators for making or removing some specific provision in a legislation.
  • For instance, ASSOCHAM lobbyingthe government to consider a wage support mechanism and interest subvention for MSMEs.
• Appeals & public interest litigations (PILS): Pressure groups adopt the technique of influencing the government through PILs in courts of law.
  • For instance, Medha Patkar and her associates have exercised a vast amount of pressure on the executive at the state and central levels over the question of the Narmada Dam and particularly the resettlement of the people affected by the Sardar Sarovar Project.
• Demonstrations and processions: These groups may carry out satyagraha or adopt other non- violent techniques.
  • For instance, farmers protest in 2021 to repeal the Farm Laws.
• Involvement of Civil Society Organizations (CSOs): It is a form of mass pressure tactics in India. CSOs act as pressure groups on the government, to promote implementation of policies in their areas of concern.
  • For instance, civil society movements like the Chipko, Appiko movements for the protection of environment.
• Financing the political parties: It has been argued by some that pressure groups may fund political party campaigns at times, in order to influence policy-making.
• Media: Pressure groups distribute pamphlets, issues press releases, organize discussions and debates to raise awareness of the people on certain issues.

Given the diverse role and functions performed by them, pressure groups are considered as an indispensable part of the democratic process.

The term “trias politica” or “separation of powers” was coined by the French social and political reformer, Montesquieu. The doctrine asserts that the political authority of the state should be divided into legislative, executive and judicial powers, and to most effectively promote liberty, these three powers must be separate and act independently.

The theory of separation of powers has three essential elements:

• The same person should not form part of more than one of the three organs of the state.
• One organ should not interfere with any other organ of the state.
• One organ should not exercise the functions assigned to any other organ.

The separation of powers reduces conflict of interests between different organs of the state, which would reduce corruption, nepotism etc. in administration and governance.

While separation of powers is key to the workings of modern governments, no democratic system exists with an absolute separation of powers. Governmental powers and responsibilities. intentionally overlap as they are too complex and interrelated to be neatly compartmentalized. As a result, there is an inherent measure of competition and conflict among the branches of government.

In India, there are no separate provisions regarding the Doctrine of Separation of Powers in the constitution. But, following provisions reflect its status:

• Article 50: It puts an obligation over the State to separate the judiciary from the executive. But, since this falls under the Directive Principles of State Policy, it is not enforceable.
• Articles 53 and 154: These provide that the executive power of the Union and the State shall be vested with the President and the Governor respectively and they enjoy immunity from civil and criminal liability.
• Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They can do so only in case of impeachment.
• Article 361: The President and Governors enjoy immunity from court proceedings. They shall not be answerable to any court for the exercise and performance of the powers and duties of their office.

The separation of powers has been considered an essential element of the Indian Constitution in the Golaknath Case. Later, in Kesavananda Bharati Case, it was added as the ‘Basic Structure’ of Indian Constitution and was later affirmed in Indira Gandhi vs. Raj Narain and in the 1. R. Coelho case. However, functional overlap does occur in India, since the executive is a part of the legislature and is also involved in judicial appointments. The legislature also exercises judicial powers in case of breach of privileges and impeachment. Further, the judiciary has power to declare void the laws passed by legislature and actions taken by the executive if they violate any provision of the constitution.

Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country by the Constitution itself. However, all the federations across the world are not the same and they can be broadly categorised into “coming together’ federation and ‘holding together’ federation.