AM

Abhimanyu MalikAIR 60· 2024

Question Q.1GS2GS2

There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People's Act 1951. Discuss.

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Main Body

Representation of People's Act 1951 provides for the procedure of elections, disqualifications, administrative machinery etc for the elections to lok Sabha and legislative assemblies. Section 8 provides for various disqualifications. Section 8(1) - a conviction for unsuitability, corruption and certain offences in IPC, 1860. Section 8(2) - or conviction for disloyalty. Section 8(3) - any offence which convicts a person for 2 or more years. Yet, some ambiguities remain: i Clearly spelling out of offences under IPC, 1860 to remain any vagueness.

under IPC, 1860 to remain any vagueness. (2) The procedure for removal disqualification affiliation may be clearly defined in section 8(3) to whether conviction under section 8(3) entails immediate disqualification or based on the notification by Hot Sabha speaker. to what happens at the higher court stops conviction to whether after disqualification, the election commission may begin the process of by-election on await higher court's verdict. Way Forward a) Remansambuiguity, especially in wake of studying down a section 8(4) (R Lilly Thomas case, 2013) b) Clearly spelling out the offences and procedures to be adopted.

177 words1 paragraphs

Topper

Abhimanyu Malik

AIR 602024

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Corrupt Practices

Corrupt Practices

Writing Stats

177

Total words

1

Paragraphs

analytical

Tone