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)
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.
