Disqualification of Law Makers in India

The only resource you need to read on this topic (Imp for Prelims 2023)

Disqualification is prescribed in 3 situations

1. 10th schedule for defection
2. u/A 102(1) for MPs & 191(1) for MLAs
3. u/ Representation of The People Act (RPA) 1951

Let’s decode these one by one👇🏼

• 10th schedule

– Added by 52nd Amendment Act [not defection if 1/3 leave]
– Amended in 91st Amendment [not defection if 2/3 leave]
– The speaker/Chair of the house decides on the defection
– Above decision u/ Judicial review of SC

• u/A 102(1) and 191(1) [On 4 grounds]

– Insolvent
– Unsound mind
– Invalid Citizenship
– Holding office of profit

• RPA 1951 [Detailed disqualification here]\

Four sections:
– Section 11
– Section 10
– Section 9
– Section 8

Disqualified u/ Section for
– 11: Corrupt practices
– 10: Not lodging accounts of election expenses
– 9: Corruption/disloyalty or entering govt contracts
– 8: Conviction of offences (detailed below)

1. Section 8(1) Promoting enmity, bribery, undue influence at an election
(Azam Khan disqualified u/ this section)

2. Section 8(2) Hoarding or profiteering, adulteration of food or drugs or Dowry Prohibition offences

3. Section 8(3) One convicted for >2 years? disqualified from date of conviction and will remain disqualified for 6 years since release

4. Section 8(4) Disqualification in effect only after 3 months from the date of conviction (section struck down by SC in Lily Thomas case 2013)