SD

Sudipa DuttaAIR 41· 2020

Question 29GS2GS2

Delineate the grounds of disqualifications under the Representation of People Act, 1951. Also discuss the remedial measures available to the disqualified representatives.

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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:-]

1The disqualified candidates hold the right to challenge the ground of disqualification in their respective high courts (audi alteram partem [?).
2RPA, 1951 under section 11 authorize and empowers the E.C. to remove any disqualification.
3The disqualification can also be challenged in the form of appeal in the R.C.

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.

4If he/ She has been accused to promote social evil such as sati, dowry etc.
5He/ She has accepted a the post of director in any corporation or company in which government has not least 25% stake.
6He/ She must not have been elected of a certain election offence or corrupt practice.
272 words6 paragraphs
Examiner score
0.7/10

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Page 31

Topper

Sudipa Dutta

AIR 412020

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Representation of Peoples Act

Representation of Peoples Act

Writing Stats

272

Total words

6

Paragraphs