There is a need to shift the focus of Section 8 of the Representation of People Act, 1951 from the duration of disqualification to the gravity of the offence. Comment on how the current classification under Section 8 disqualifies a person disqualified to a person disqualified under this section.

Section 8 of the Representation of People Act provides for corrupt practices under which a person is liable for disqualification for electoral offence. Current Classification: (1) Currently, even if the offence may be of grave nature, if the sentence is not more than 2 years, the person will not be disqualified (2) And if even for less grave offence, if sentence is more than 2 years, person stands disqualified.

Remedies available to person: (1) The person can challenge the disqualification by means of an election petition in the High Court. (2) The Election Commission also has the power to recommend to President against disqualification.

— Utkarsh Yadav