Q.11 On what grounds a people’s representative can be disqualified under the Representation of People Act, 1951? Also, mention the remedies available to such a person against his disqualification.  

Model Answer:

Introduction

The Representation of People Act, 1951, outlines specific grounds for disqualifying a people's representative in India, including corruption, electoral offences, and disqualification under other laws.

Body

Grounds for Disqualification

  1. Conviction of Offences:some text
    • A person convicted of any offence that results in imprisonment for two years or more (excluding preventive detention) is disqualified under Section 8(1).
    • This includes offences related to promoting enmity between groups or bribery.
  2. Corrupt Practices:some text
    • If found guilty of corrupt practices during elections, a candidate can be disqualified as per Section 8(2).
  3. Failure to Submit Election Expenses:some text
    • Not lodging an account of election expenses within the specified time leads to disqualification for three years under Section 10A.
  4. Interest in Government Contracts:some text
    • Holding an interest in government contracts, works, or services is a disqualifying factor as stated in Section 9.
  5. Employment in Offices of Profit:some text
    • Being a director or holding any office of profit in a corporation where the government holds at least 25% shares is disqualifying under Section 9.
  6. Dismissal from Government Service:some text
    • Dismissal for corruption or disloyalty to the state also leads to disqualification under Section 8(3).
  7. Social Crimes:some text
    • A conviction for practising social crimes such as untouchability or dowry is another ground for disqualification under Section 8(4).

Remedies Against Disqualification

  1. Election Petition:some text
    • Disqualified individuals can file an election petition challenging their disqualification in the High Court, as per Section 80. Appeals can be made to the Supreme Court against the High Court's decision.
  2. Judicial Review:some text
    • A person may seek judicial review by filing a writ petition in the High Court or Supreme Court if they believe the disqualification order is unconstitutional or erroneous.
  3. Presidential or Gubernatorial Decision:some text
    • The final authority regarding disqualifications for Members of Parliament (MPs) lies with the President and for State Legislative Members with the Governor, who act based on the advice of the Election Commission.

In summary, the Representation of People Act, of 1951, outlines strict grounds for disqualification to maintain electoral integrity, while providing several legal remedies for individuals facing disqualification.  

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