‘Convicted legislators can’t be barred for life from polls’

Question 1

What are Election Commission’s observations?

Answer 1

endorsed a life ban as necessary to “champion the cause of decriminalisation of politics”.

Question 2

What has the Union Ministry of Law and Justice said?

Answer 2

An elected representative of the people cannot be equated with public servants who are banned for a lifetime on conviction.

Disqualification under the Representation of the People Act of 1951 for the period of the prison sentence and six years thereafter was enough for legislators.

Question 3

What is Section 8 of the RP Act?

Answer 3

Section 8 deals with the Disqualification of representatives on conviction for certain offenses. This section states that :

If a person contesting election is charged with any criminal charges or has been convicted for the same earlier loses his right to stand for election according to the statute.

Section 8 of the Representation of People Act, 1951 provides various grounds under which a person may be disqualification on conviction for certain offenses.

Question 4

Offences for which a person can be disqualified?

Answer 4

Section 8(1) states that a person convicted of an offense punishable under
Section 153A i.e. offense of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony or 

Section 171E i.e. offense of bribery or

Section 171F i.e. offense of undue influence or any offense relating to rape given in

Section 376 or offense of cruelty towards a woman by husband or any relative of husband or

subsection (2) or (3) of Section 505 which states offense of making statement creating or promoting enmity, hatred or ill-will between classes or offense relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies; of the Indian Penal Code (45 of 1860).

Question 5

various other offenses which if committed by a candidate will lead him to disqualification?

Answer 5

• for preaching and practice of untouchability.
  -offense of importing and exporting of prohibited goods.
  -offense of being a member of an unlawful association.
  The Narcotics Drugs and Psychotropic Substances Act, 1985
  The Prevention of Corruption Act, 1988.

Question 6

From which date are the days of disqualification counted?

Answer 6

1. if Only fine,then for a period of six years from the date of such conviction;
2. if Imprisonment,then from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.