Question Q1GS2GS2

There is a need to resolve the ambiguity in the disqualification provisions under Section 8 of RPA 1951. Discuss.

Introduction

There is a need to resolve the ambiguity in the disqualification provisions under Section 8 of RPA 1951.

18 words

Main Body

RPA act 1951 was created under Article 327 by the parliament. Disqualification under Section 8: 1) Section 8(3) - if a person gets convicted for 2 years of punishment. He/She stands disqualified for 6 years enclosing the period of sentence. 2) Section 8(4) - It provides exception to sitting legislator. It gives 3 months appeal time & obtain stay of conviction 3) Supreme Court in Lilly Thomas case held that Section 8(4) is unconstitutional & immediate disqualification from date of conviction.

4Ambiguity: There is ambiguity w.r.t. re-election of disqualified candidate. (5) If disqualified candidate gets elected & parliament there is no provision in Constitution about it. (6) This is dealt by RPA 1951: An election petition has to be filed in High Court for declaring such election/void. May forward s parliament should bring necessary amended in Constitution and RPA act to deal with such ambiguity as this loophole is prone to exploitation. RPA act 1950, 1953 gives Election Commission enough powers to conduct for s every election & reform should to bring for above.

175 words1 paragraphs

Open original scan

Page 5

Topper

Abhishek Singh

2023Polity

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Representation of Peoples Act

Disqualification Provisions

Writing Stats

193

Total words

Paragraphs