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

Ambiguity -

1. 2 year-jail term → leads to disqualification ⊣ if stayed conviction → then reinstatement (However the provision is not mentioned clearly)

2. Practices like false affidavit, non-declaration of asset → Not declared as cause for disqualification.

3. No power to ECI to take strong action → leaves it with Judiciary.

Way forward -

1. Need to resolve the ambiguity with amendments in RPA 1951

2. Dinesh Goswami Committee → to include electoral offences and corrupt practices as cause of disqualification.

3. Clear provision on jail-term and subsequent disqualification

4. ⊣ For stay/commutation of sentence

4. In the way, clear provisions all needed under RPA 1951 to prevent criminalization of politics as per Lily Thomas case guidelines.

— Prajnanandan Giri