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.