जन प्रतिनिधित्व अधिनियम, 1951 की धारा 8 में विनिर्दिष्ट निरर्हताओं में उपस्थित अस्पष्टता का समाधान कैसे किया जाए? (150 शब्दों में उत्तर दीजिये) 10 अंक। There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951. Discuss. (Answer in 150 words) 10 marks.

Section 8 of Representation of People Act 1952 deals with disqualification of MPs & MLAs

Recently applied on Rahul Gandhi under RPA 1951 - 8(h), 8A - corrupt practices

Need of ambiguity in provision

(2.1) L based on appeal of candidate's

(2.2) L also doesn't specify time limit

[En] - 2 years conviction can lead to disqualification, doesn't exist of proportionality

[En] ECI can subjectively reduce term, like SIKKEM CM (6 yrs to 13 months)

NEED to resolve:

So at the same time, strengthening the act to ensure decriminalization of politics by compulsory disqualification (2nd ARC) for heinous crimes etc. This is the way forward.

"Constitution is a living document" was cited by Justice D.Y Chandrachud.

The life in this document, however, is provided by constitutionalism

Constitution as mere skeleton:

1. Written materia gives in rigidity in certain basic frameworks.

[Ex] - Basic structure skeleton as found in Keshavananda Bharti case

2. Foundation base over which dynamic interpretation occurs

[En] - Article - 21: Right to Life as Fundamental right (ARK Gopalan case vs Menaka Gandhi case)

3. Skeleton of ideals of constitutional forefathers

4. Borrowed tones from several source

[Ex] - Justice - for USSR

Liberty - France

Structural aspects - GOI 1935

however,

constitutionalism is the soul of democracy

Democracy | Constitutionalism

for the people (2) allows wider interpretation to serve public [Right to health (Right to Life)

Menaka Gandhi case]

of the people (3) allows basic tenets of trust in democracy by principle of separation of power (Ram Saraswamy case)

principle of <-- counsable legislation (to protect FR & DPSP)

constitution too was a soul in itself as (B.R Ambedkar) stated in Granmat & marching speech constitutional morality with its ideals should be the nation's guiding light.