Question 1DiscussGS2GS1

There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951. Discuss.

Introduction

Section 2 under RPA Act 1951 provides for disqualification of a legislator for various reasons.

15 words

Main Body

Ambiguity -

1. 2 year-jail termleads to disqualification ⊣ if stayed convictionthen reinstatement (However the provision is not mentioned clearly)

2. Practices like false affidavit, non-declaration of assetNot declared as cause for disqualification.

3. No power to ECI to take strong actionleaves it with Judiciary.

Way forward -

1. Need to resolve the ambiguity with amendments in RPA 1951

2. Dinesh Goswami Committeeto include electoral offences and corrupt practices as cause of disqualification.

3. Clear provision on jail-term and subsequent disqualification

4. ⊣ For stay/commutation of sentence

4. In the way, clear provisions all needed under RPA 1951 to prevent criminalization of politics as per Lily Thomas case guidelines.

119 words9 paragraphs

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Page 4

Topper

Prajnanandan Giri

Subject & Paper

GS2GS1

Topic

Constitutional and Political Processes

Electoral Processes

Disqualification of legislators

Writing Stats

134

Total words

Paragraphs