Delineate the grounds of disqualifications under the Representation of People Act, 1951. Also discuss the remedial measures available to the disqualified representatives.
Main Body
Article 329 and 328 has empowered the Parliament and state legislatures to make laws relating to the disqualifications of Members of Parliament and state legislatures in this regard the following Representation of People Act, 1951 lays down.
[Grounds of disqualification under the RPA, 1951:-]
A member of parliament or state legislature is disqualified if:-
(i) He/ She is convicted of an offence and sentenced for a years of imprisonment
(ii) If he/ She has been convicted of an offence of bribery and corruption and disqualified for an election expenditure.
(iii) He/ She must not have any direct government securities, contracts or works.
(iv) He/ She was must not have been convicted for promoting enmity between two groups.
(v) He/ She must not have been convicted for promoting enmity between two groups.
[Remedial measures available:-]
Any candidate disqualified under section 8 it is on the grounds of corrupt practice as may submit petition or affidavit to the President for removal of such conviction and conviction disqualification.
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Sudipa Dutta
Salient Features of the Representation of People's Act
Representation of Peoples Act
Representation of Peoples Act
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