• Article 324 to 329 of Indian constitution frames for conducting fare and free election to the parliament and state legislature constituencies. Indian Parliament enacted representation of Peoples Acts (1950, 1951) based on article 327 of constitution to regularize the methods of conducting elections to various constituencies and it describes the qualifications and disqualifications of peoples representatives of parliament and state legislatures. As per the provisions of RPA – 1951, the following reasons could lead to the disqualification of a people’s representative.
    1. Election offences and corruption in election formalities
    2. Imprisonment of minimum 2 years for any offenses
    3. Corruption or disloyalty to the Indian Union
    4. Having a possession of any other office of profit in government
    5. Prompting enmity between two groups, creating social disharmony
    6. Offence of bribery
    7. Preaching or practicing social crimes like untouchability, sati, dowry etc
    8. Failure to submit the records of election expenses

    As per Indian legal system, a person is free until and unless declared guilty by the judicial systems of the nation. Hence a peoples representative that has undergone disqualification from election commission definitely can go for review petition at EC or judicial review of EC decision. However various cases like Lily Thomas endorsed that any representative shall be disqualified summarily upon the conviction by a trial court, even if the review application is in place.

  • Constitution of india provides various methods to prevent unfit persons become the people representative. As per the articles 324-329 of the constitution describe the method of election of people representative to the houses of parliament and state legislatives. Parliament enacted two acts namely people representative act 1951 and 1952 as per the article of 327 . RPA -1951 gives us the detailed information about how a people representative can be disqualified and the remedies for it.
    1 convicted to an offence punishable for two years
    2 promoting or practicing social evils like untouchability
    3 creating enmity in between two groups of the society
    4 disloyalty to indian union
    5 bribery
    6 failure to submit the expense of election within the prescribed time
    7 occupy any office of profit under any government
    He can appeal against the decision of disqualification to any upper court and election commission of india. But as per the order of supreme court in lily thomas case that if a trail court convicted him then he will not be restored to his till he acquitted

Leave a Comment

The maximum upload file size: 750 MB.
You can upload: image, document, text.