There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951. Discuss.
Main Body
As per the RPA, 1951 Section 8, a person will be disqualified from the start of Parliament if he is convicted for 2 years for any of a criminal offence. This section was added in RPA, 1951 by the Lily Thomas Judgement, 2013 to prevent discrimination of politics. Recently, Rahul Gandhi, a Congress leader was disqualified from Parliament due to conviction of 2 years for defamation. There is an ambiguity in the disqualification provision of RPA because the offences have not been defined comprehensively in the provisions
Conclusion
offences like bribery, spreading enmity, hatred towards a community these terms are vague and need to be redefined. Thus, section 8 of RPA needs to be revisited
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RUHANI
Salient Features of the Representation of People's Act
Corrupt Practices
Corrupt Practices
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analytical
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