Mains Daily Question
Jan. 12, 2024
Q3. On what grounds a people's representative can be disqualified under the Representation of Peoples Act, 1951? Also mention the remedies available to such person against his disqualification. (10M, 150W)
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Approach: Introduction: Type 1: Explain Representation of People’s Act 1951 and Type 2: Mention any case of disqualification of Member of Parliament or State Legislative Assembly. Body: Heading 1: Criteria for disqualifications under RPA, 1951: The act has provided various criteria for disqualification of Members of Parliament or State Legislative Assembly. Heading 2: Remedies Against Disqualification: Explain various remedies through which the member can fight against disqualification. Conclusion: Provide a link between elections and democracy. |
Answer:
The Representation of the People Act, 1951 establishes procedures for holding elections to the State Legislatures and Parliament as well as rules governing eligibility and disqualification for membership and dispute resolution in relation to these elections.
Criteria for disqualifications under RPA, 1951:
- Disqualification on conviction for certain offences (Section 8):
- Section 153A: Offense of inciting hatred amongst various groups due to differences in religion, race, place of birth, domicile, language, etc. and acting in a way that undermines the preservation of harmony)
- The Protection of Civil Rights Act, 1955, establishes penalties for propagating and engaging in "untouchability" as well as for enforcing any resulting disabilities.
- Corrupt Practices (Section 8A): Engaging in corrupt practices such as bribery or undue influence during elections can lead to disqualification.
- Disqualification for dismissal for corruption or disloyalty. (Section 9): A person will be ineligible for five years if they had held a position under the government of India or any state and were fired due to corruption or betraying the state.
- Disqualification for Government contracts (Section 9A): A person will be excluded if, and as long as, he has a contract in place with the relevant government for the delivery of commodities to that government or the completion of any projects that government undertakes, entered into in the course of his trade or business.
- Disqualification for failure to lodge account of election expenses (Section 10A): The candidate has failed to lodge an account of election expenses, within the time and in the manner required by or under this Act.
Remedies Against Disqualification:
- Appeal to Higher Courts: The disqualified person can appeal to higher courts challenging the decision of the Election Commission or any other competent authority that initiated the disqualification.
- Appeal to the President: Any candidate who has been disqualified due to corrupt practices (section 8A), may petition the President to have their conviction and disqualification overturned.
- Removal or reduction of period of disqualification: Section 11 authorizes and empowers the Election Commission (EC) to remove or reduce any disqualification except the conviction is held under section 8A.
- Pardon from the President: A person might, in exceptionally rare situations, pursue a pardon from the President, with the capacity to overturn a conviction and eliminate disqualification.
Elections serve as the lifeblood of any democracy, with the vigor of electoral processes shaping the destiny of a nation. The continual adaptation of electoral procedures by the Election Commission of India (ECI) to evolving societal demands, coupled with vigilant judicial oversight has been pivotal in ensuring the conduct of transparent and impartial elections.
