Subject: Indian Polity

The Representation of People Act (RPA), 1951 forms the backbone of India's electoral democracy by establishing comprehensive grounds for disqualification of elected representatives, ensuring electoral integrity and ethical conduct.

Grounds for Disqualification under RPA, 1951

1. Criminal Convictions

• Imprisonment for two or more years leads to immediate disqualification from the date of conviction.
• Based on the landmark Lily Thomas vs Union of India (2013) case, the Supreme Court eliminated the three-month appeal period before disqualification.

2. Electoral Malpractices

• Involvement in corrupt practices during elections as defined under Section 123.
• Failure to submit election expense accounts within prescribed time limits.
• Seeking votes based on religion, race, caste, community, or language (Abhiram Singh vs C.D. Commachen, 2017).

3. Constitutional and Administrative Grounds

• Holding an office of profit under central or state government.
• Dismissal from government service for corruption or disloyalty to the state.
• Having interests in government contracts (Section 9A).
• Being declared of unsound mind by a competent court.

Remedies Available Against Disqualification

1. Legal Recourse

• Filing an election petition in High Court challenging the disqualification order.
• Approaching the Supreme Court under Article 136 for special leave to appeal.

2. Administrative Appeals

• Seeking review from the Election Commission of India.
• Appealing to the President/Governor for removal of disqualification.

3. Constitutional Remedies

• Filing writ petitions under Articles 32 and 226.
• Challenging the constitutional validity of disqualification provisions.

India's robust democratic framework, strengthened by the RPA, 1951 and judicial interpretations, ensures accountability while providing adequate remedial measures against arbitrary disqualification of people's representatives. The system exemplifies the balance between electoral integrity and natural justice, as seen in cases like S. Subramaniam Balaji vs State of Tamil Nadu (2022).