Roadmap for Answer Writing
To effectively answer the question “Outline the grounds for disqualification under the Representation of the People Act, 1951. Additionally, discuss the remedial measures available to those representatives who have been disqualified,” follow this structured approach:
1. Introduction
- Briefly introduce the Representation of the People Act, 1951, and its significance in the electoral process in India. Mention that the Act outlines the qualifications and disqualifications for membership in Parliament and State Legislatures.
2. Grounds for Disqualification
- Criminal Grounds:
- Explain that Section 8(1) lists specific crimes leading to disqualification, such as:
- Conviction for promoting enmity (under IPC).
- Offenses of undue influence during elections.
- Crimes related to rape or cruelty against women.
- Hate speech or incitement (under IPC).
- Source: The Representation of the People Act, 1951, Section 8(1).
- Explain that Section 8(1) lists specific crimes leading to disqualification, such as:
- Corruption:
- State that disqualification is applicable for anyone convicted of bribery or corruption under the Prevention of Corruption Act, 1988.
- Source: The Prevention of Corruption Act, 1988.
- Other Offenses:
- List other disqualifying offenses such as:
- Preaching untouchability (Protection of Civil Rights Act, 1955).
- Importing/exporting prohibited goods (Customs Act, 1962).
- Being a member of an unlawful association (Unlawful Activities Prevention Act, 1967).
- Violations under The Narcotic Drugs and Psychotropic Substances Act, 1985.
- Source: Relevant acts as mentioned above.
- List other disqualifying offenses such as:
- Contractual Grounds:
- Mention that individuals with contracts for business with the government can be disqualified.
- Failure to Report Expenses:
- Discuss that disqualifications also arise from not submitting election expense accounts to the Election Commission of India (ECI).
- Source: The Representation of the People Act, 1951.
- Judicial Precedent:
- Refer to the Supreme Court ruling in the Lily Thomas Case (2013) mandating automatic disqualification for Members of Parliament or State Legislatures convicted of crimes with a sentence of two or more years.
- Source: Lily Thomas Case, 2013.
3. Remedial Measures
- Election Commission Powers:
- Explain that the ECI has the authority to remove disqualifications or reduce their duration (except under Section 8A).
- Petitions:
- State that disqualified individuals may petition the President regarding their disqualification (Section 8A(2)).
- Appeals:
- Discuss the possibility of appealing to a higher authority for a review if the individual believes the disqualification is unjust.
- Opportunity of Hearing:
- Note that in cases involving corruption allegations, the ECI must provide individuals an opportunity to be heard before making a conclusive decision.
- Constitutional Provisions:
- Mention that disqualification on grounds of defection is also provided for in the Tenth Schedule of the Constitution.
- Source: The Constitution of India, Tenth Schedule.
4. Conclusion
- Summarize the main points regarding the grounds for disqualification and the available remedies, emphasizing the importance of these provisions in maintaining the integrity of the electoral process.
Relevant Facts and Sources
- Representation of the People Act, 1951:
- Fact: Provides the framework for disqualification of candidates in elections.
- Source: The Representation of the People Act, 1951.
- Section 8(1):
- Fact: Lists various criminal and corrupt practices leading to disqualification.
- Source: The Representation of the People Act, 1951, Section 8(1).
- Prevention of Corruption Act, 1988:
- Fact: Addresses issues of corruption in public life.
- Source: The Prevention of Corruption Act, 1988.
- Lily Thomas Case (2013):
- Fact: Supreme Court ruling on automatic disqualification for convicted politicians.
- Source: Lily Thomas v. Union of India, 2013.
- Tenth Schedule (Defection):
- Fact: Addresses grounds for disqualification based on defection.
- Source: The Constitution of India, Tenth Schedule.
Using this roadmap, you can construct a comprehensive and well-structured answer to the question.
election
Model Answer
Grounds for Disqualification under the Representation of the People Act, 1951
The Representation of the People Act, 1951 (RPA) outlines several grounds for disqualification for individuals seeking membership in Parliament or State Legislatures. These grounds can be categorized as follows:
Importantly, the Supreme Court’s ruling in the Lily Thomas Case (2013) established that any MP, MLA, or MLC convicted and sentenced to a minimum of two years in prison automatically loses membership.
Remedial Measures for Disqualified Representatives
Remedial actions against disqualification include several provisions:
Moreover, not all offenses result in identical consequences, as the Act delineates specific cut-off sentences essential for disqualification considerations. In addition to the RPA, the Constitution includes provisions for disqualification due to defection under the Tenth Schedule.
Sources:
The Representation of the People Act here in this context, 1951 is the basic law which talks about the conduct of the electorates and protects the interest of the Member as well as the electorates. It outlines the conditions of disqualification in order to maintain the dignity as well as standards of the Legislature.
Grounds of Disqualification:
1. Criminal Grounds: Section 8(1) comprises certain types of crimes and actions that will result in the disqualification, some of which are:
– Offender under Section 153A/IPC for promoting enmity(CIPC)?
– Stealing the votes, i.e. undue election influence.
– Gender-based crime such as rape or cruelty against women.
– Any other form of hate speech in the form of incitement (IPC).
2. Corruption: Another grounds is the conviction for bribery or corruption under the Prevention of Corruption Act, 1988.
3. Other Offences: Another gamut of other offenses that is practicing untouchability Protection of Civil Rights Act1976 or contravention of the drug laws NDPS Act 1979 expunges a person.
4. Contractual and Excusal Grounds Relating to Employment/Choose Employment: It is also a ground where a person has ceased to engage in activity which is supported by a government contract or which involves non-compliance with the submission with the election expenses accounts with the ECI.
5. Judicial Precedent: The newly coined The Lily Thomas Case (2013) ruled that more than two years of having been convicted of a crime under the eyes of law is clear disqualification for any Member of Parliament or State Legislature.
Remedial Measures:
1. Election Commission (ECI) Powers: The ECI may remit or relieve the disqualifications (except the ones mentioned in Section 8A).
2. Petition to the President As discussed above, a debarred person has the right to make a plea for redress under Sections 8A, before the President himself.
3. Appeals Under Sections 13(a), there is legal recourse open to any grievance person or persons having been dispossessed of property with a declared law of disqualification on the principle being unfair against them.
4. Opportunity to be heard: In handling cases of corrupt practices the ECI provides an opportunity of hearing of an order that is final in nature to be passed at its hands.
5. Constitutional Provisions: The constitutional remedies can also be obtained against the absconding members from political parties under the Tenth Schedule of the Constitution.
Introduction:
Amongst the most important acts dealing with the conduct of elections in India is the Representation of People’s Act, 1951, providing the grounds for disqualification against a person contesting the elections or holding a post as a people’s representative.
Some of the significant grounds for debarment include:
Convicted of certain offenses (section 8): A disqualified person is a person that has been convicted of some offense and sentenced to prison for:
Any offense specified in the RPA as two years or more.
For offences of causing enmity between groups, arousing, for some bribery offences, some offences under the Election Laws etc; six months or more.
Conviction for corrupt practices under Section 8A: If a person is found guilty of corrupt practices, the court passes an order that deems him disqualified for six years from the date of conviction.
Dismissal from government service (Section 9) : Permanently disqualified if dismissed from government service on grounds of corruption or disloyalty to the state.
Disqualification for government contracts (Section 9A): A person is disqualified if he has any subsisting contracts with the government for goods, services, or execution of public works and has not taken necessary steps to sever the contracts.
Disqualification if a managing agent or manager of a corporation (Section 10): A person disqualifies himself if he is the managing agent or manager or secretary of some company or corporation in and to which the government or its nominees have any right or interest.
Disqualification for failure to lodge an account of election expenses (Section 10A): Three years disqualification is ordered in case a person fails to submit an account of his election expenses within the prescribed time.
Available remedies to a person against disqualification:
Appealing to a higher court: A disqualified person can appeal to a higher court against the conviction or order which led to their disqualification. If the higher court acquits the person or reverses the order, then the disqualification will be removed.
Judicial review: A person can approach the High Court or Supreme Court for judicial review by filing a writ petition against a disqualification order claiming the same to be unconstitutional or erroneous.
Expunging the conviction: In very few cases, the person can apply for his conviction to be expunged through a legal process; thus, the grounds of disqualification are removed. However, this remedy is possible only in exceptional circumstances and is at the discretion of the courts. The president may grant pardon: The Presidential pardon can be claimed in very few cases to overturn the conviction and debarment. This is however granted only in extraordinary cases and rests purely with the discretion of the President of India.
Conclusion: This Act is highly fundamental in the maintenance of Indian electoral processes as it contains grounds for disqualification and remedies available. The RPA ensures that democracy in India would be preserved because those found guilty of any kind of corruption or offenses are going to be disqualified from contesting elections or holding any public office.
Outline the grounds for disqualification under the Representation of the People Act
Outline the grounds for disqualification under the Representation of the People Act
The Representation of the People Act, 1951 is basically the most significant legislative body that frames India’s overall electoral process. It fixes qualifications and disqualifications of members in Parliament and the State Legislatures, establishing the integrity of the offices they hold.
Reason for Disqualification
1. Offences: Section 8(1) specifically mentions offenses that attract disqualification. These are:
Convictions involving promoting enmity (under IPC), hate speech, undue electoral influence.
Violations of rape or brutality towards women.
Convictions for inciting hatred.
2. Corruption: Disqualification for the conviction of bribery or corruption under the Prevention of Corruption Act, 1988 applies.
3. Other Crimes:
Promoting untouchability (Civil Rights Protection Act, 1955).
Offences related to the Customs Act, Unlawful Activities Prevention Act, and Narcotic Drugs Act.
4. Contractual Grounds: Disqualification can occur if a candidate has ongoing government contracts.
5. Failure to present Election Expenditure Accounts: Failure to present election expenditure accounts to the ECI results in disqualification.
6. Judicial Precedent: Any sentence exceeding two years will automatically bar the person convicted of an offence under the 2013 Lily Thomas Case.
Remedial Measures
1. ECI discretion to deletion or condensation of periods for debarment except as in Section 8A.
2. Petitions to the President: Defeated representatives can file a petition with the President as to disqualification under Section 8A(2).
3. Appeals: The person can appeal to a higher authority if the disqualification appears to be unjust.
4. Right to be Heard In case of corruption, the ECI must give an opportunity to be heard. All these provisions, including the Tenth Schedule’s disqualification for defection, aim at electoral accountability and at democratic values.
*Grounds for Disqualification under Representation of the People Act, 1951*
The Representation of the People Act, 1951, outlines grounds for disqualification of elected representatives:
*Pre-Election Disqualification (Section 11)*
1. Unsound mind
2. Undischarged insolvent
3. Conviction for certain offenses (e.g., corruption, electoral offenses)
*Post-Election Disqualification (Section 12)*
1. Holding office of profit under government
2. Conviction for certain offenses (e.g., corruption, electoral offenses)
3. Disqualification under Constitution’s Article 102 (e.g., citizenship termination)
4. Voluntary acquisition of foreign citizenship
5. Failure to file election expenses returns
*Disqualification under Anti-Defection Law (Tenth Schedule)*
1. Voluntarily giving up party membership
2. Voting or abstaining against party whip
3. Joining another party
*Remedial Measures*
Representatives who have been disqualified can:
1. Appeal to the Election Commission (EC)
2. File a petition in High Court or Supreme Court
3. Seek stay or interim relief
4. Move a writ petition challenging disqualification
5. Resign and contest fresh elections
*Recent Amendments*
1. The Representation of the People (Amendment) Act, 2010, introduced stricter penalties for electoral offenses.
2. The Election Laws (Amendment) Act, 2016, allowed for disqualification of candidates with pending criminal cases.
*Important Cases*
1. K. Anbazhagan vs. Secretary General, TN Assembly (2001)
2. Raj Narain vs. Indira Gandhi (1975)
3. S.R. Bommai vs. Union of India (1994)
The Representation of the People Act, 1951 is a crucial piece of legislation in India that governs the electoral process, ensuring its integrity and fairness. Enacted shortly after independence, the Act outlines the qualifications and disqualifications for membership in Parliament and State Legislatures, thereby establishing a framework for democratic representation.
Grounds for Disqualification
Criminal Grounds
Section 8(1) of the Act specifies crimes leading to disqualification, including:
Corruption
Disqualification applies to anyone convicted of bribery or corruption under the Prevention of Corruption Act, 1988.
Other Offenses
Additional disqualifying offenses include:
Contractual Grounds
Individuals with government contracts may also face disqualification.
Failure to Report Expenses
Not submitting election expense accounts to the Election Commission of India (ECI) can lead to disqualification .
Judicial Precedent
The Supreme Court ruling in the Lily Thomas Case (2013) mandates automatic disqualification for MPs or MLAs convicted of crimes with a sentence of two or more years.
Remedial Measures
Election Commission Powers
The ECI has the authority to remove disqualifications or reduce their duration, except under Section 8A.
Petitions
Disqualified individuals may petition the President regarding their disqualification (Section 8A(2)).
Appeals
There is an option to appeal to a higher authority if an individual believes their disqualification is unjust.
Opportunity of Hearing
In cases involving corruption allegations, the ECI must provide individuals an opportunity to be heard before making a conclusive decision.
Constitutional Provisions
Disqualification on grounds of defection is also addressed in the Tenth Schedule of the Constitution.
Conclusion
The provisions regarding grounds for disqualification and available remedies are vital for maintaining the integrity of India’s electoral process. They ensure that only qualified individuals can participate in governance, thus upholding democratic values.