- Prelims – Polity
- Mains – GS 2 (Salient Features of the Representation of People’s Act)
In News: The Election Commission (EC) has sent a notice to Jharkhand Chief Minister over an office-of-profit charge against him for allotment of a mining lease in his name
- Under Section 9A of the Representation of the People Act, 1951 CM face disqualification for entering into a government contract
Key Provisions of RPA, 1951
- It regulates the actual conduct of elections and by-elections.
- It provides administrative machinery for conducting elections.
- It deals with the registration of political parties.
- It specifies the qualifications and disqualifications for membership of the Houses.
- It provides provisions to curb corrupt practices and other offences.
- It lays down the procedure for settling doubts and disputes arising out of elections.
- Is found guilty of certain election offences or corrupt practices in the elections
- Is convicted for any offence resulting in imprisonment for two or more years (except for the detention under a preventive detention law)
- Has failed to lodge an account of his/her election expenses within the time
- Has any interest in government contracts, works or services.
- Is a director or managing agent or holds an office of profit in a corporation in which the government has at least 25% share.
- Has been dismissed from government service for corruption or disloyalty to the State
- Has been convicted for promoting enmity between different groups or for the offence of bribery
- Has been punished for preaching and practicing social crimes such as untouchability, dowry and sati.
Previous Year Questions (PYQs)
Q.1) Consider the following statements: (2020)
- According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.
- According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Q.2) Consider the following statements: (2019)
- The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.
- The above-mentioned Act was amended five times.
- The term ‘Office of Profit’ is well-defined in the Constitution of India.
Choose the correct statements:
- 1 and 2 only
- 3 only
- 2 and 3 only
- 1, 2 and 3
Source: The Hindu[/su_box]