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

Section 8 of Representation of People Act, 1951 deals with disqualification provisions. Article 103 deals with the power of election commission to advise president on disqualification. Ambiguity in the disqualification provisions: (1) Sections of the Act, allow ECI to reduce the period of disqualification (discretionary exercise) (2) Section 4, on immediate disqualification upon senhor for 2 or more years. (3) Provision on hate speech. This ambiguity have resulted in cases like Tamang case - where ECI exercised its discretionary power in a doubtful manner.

Need to resolve ambiguity: (1) to reduce criminalization of politics (4S) by section 2,7,8 of Lokpal Sabha (2) to ensure proper functioning of the parliament eg.) disqualification proceeding against opposition minister in absence of qualifiability (3) restricting the power of ECI to ensure 'free and fair' mechanism. Supreme court has tried to reduce the ambiguity in several cases (eg.) Lily Thomas case - strucking down section 4 - preventing disqualification in case of appeal.