DISQUALIFICATION OF LEGISLATORS


Published on 31 Mar 2025

WHY IN NEWS?

Rahul Gandhi's MP status restored days after SC relief in defamation case

INTRODUCTION

  • Article 327 and 328 of the Constitution confers the power on parliament and state legislature respectively to make rules for elections to Parliament and state legislature.

    • Consequently, the Parliament has passed Representation of People Act (RPA), 1951 to regulate the conduct of elections

CONCLUSION


There is an urgent need to establish special courts { possible under Article 323 B ) to try cases against MPs and MLAs, including cases related to the disqualification of legislators as SC outlined in Ashwini Kumar Upadhyay vs. Union of India and Others (

PYQ MAPPING

Q)Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws ( 2022 , 15 marks )

Q) "There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices


SAMPLE QUESTION

Q)There is a demand to streamline the differences in section 8 of the Representation of People Act, 1951 as against Article 103 of the Indian constitution, with respect to the declaratory authority for disqualification of legislators. Discuss the issue with relevant case laws and examples. {10 marks 150 words)

Tags:
Polity

Keywords:
DISQUALIFICATION OF LEGISLATORS speaker member of parliament Lok sabha Rajya Sabha disqualification parliament Representation of People Act rpa defection office of profit