Disqualification of MLAs and MPs

Syllabus

• 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.

Disqualifications

• 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)

1. 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.
2. 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. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Q.2) Consider the following statements: (2019)

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.
2. The above-mentioned Act was amended five times.
3. The term ‘Office of Profit’ is well-defined in the Constitution of India.

Choose the correct statements:

1. 1 and 2 only
2. 3 only
3. 2 and 3 only
4. 1, 2 and 3

Source: The Hindu