Question Q1GS2GS2

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

Main Body

Recent cases of courts staying disqualification of MPs from Kerala, Indiacherly and an NIA from Kerala highlights the need to solve ambiguity disqualification provision in section 8. Grounds of disqualification - Section 8 provides for various grounds like 8(1) provides for offices in which conviction disqualification is for even one day & daily act cussal harassment laws rape law etc. - Section 8(2) provides for ground under laws for disqualification when convicted for 6 months - Section 8(3) provides conviction of 2 years & more - Subsequent sections in chapter - III provides other grounds

Section 8(4) was struck down by Supreme Court in Lily Thomas case which provide for press & appeal in courts on ground that contribution provides for seat vacancy immediately if disqualified lead along with Article 102(1)c

— Shoham Teberiwal · AIR 77

131 words1 paragraphs

Conclusion

Hence, there is a need to solve the various ambiguities like i streamline various grounds under Section 3 and subsequent sections in chapter-3 ii provide for mechanism to appeal in courts iii remove ambiguity in laws like punishment ranging from 6months to 2years (in defaration) iv create disqualification tribunal. In this context recent amendments to IPC, APC, evidence act through new bills placed by Home Ministry is step in right direction

71 words

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Topper

Shoham Teberiwal

AIR 772023

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Corrupt Practices

Writing Stats

202

Total words

Paragraphs

Linked PYQ

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

15M2019Discuss