There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951. Discuss. (Answer in 150 words) 10 Marks

Representation of People Act 1951 is the primary statutory provision for the conduct of elections in the country. Purpose of RPA, 1951: Disqualifications to members conduct of elections ground of elections etc. Section 8 of RPA, 1951 provides the following: i) Section 1A – Immediate disqualification on conviction for max. 2 years (i.e. years after disqualification). ii) Section 8a – Disqualification on grounds of corrupt practices under sec 123 of RPA, 1951.

Ambiguities: 1) Even after violation of section 8A, disqualification is based on conviction and mere pendency of case => delayed convictions. 2) There is no follow up on the delay of filing election expenses by ECI. 3) Under RPA, 1951, the power to cancel elections on grounds of violation of High Court => MCC also with high court & adjudication. 4) Problems such as paid media, hate speech, abuse of money => not covered under section 8. 5) Undue power not defined under section 123 of RPA. Need to Resolve: 1) Amendment of RPA to ensure: a) section 8A becomes effective in writing elimination of political witching elimination of political disputes. b) Power devolution ECI to remedy disputes. c) Comprehensive analytic of RPA to bring it up to date => effective free & fair elections.