← All questionsGS2 · 2019 · Polity ·Disqualification under the RPA, 1951
QUESTION 11
GS2
15 marks

On what grounds a people’s representative can be disqualified under the Representation of Peoples Act, 1951? Also mention the remedies available to such person against his disqualification.

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11 min
250 words
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What the examiner wants

Explain the grounds for disqualifying a people's representative under the RPA and the remedies available.

ExplainMake clear how and why it happens: causes, process, and an example for each point.

Demand-wise check

  1. 1Grounds: conviction for specified offences (Sec 8), corrupt practices (8A), dismissal for corruption (9), government contracts (9A), failure to file election expenses (10A), office of profit (constitutional)≈50 words
  2. 2Lily Thomas (2013): immediate disqualification on conviction with 2+ years≈50 words
  3. 3Remedies: appeal and stay of conviction, election petition, EC's power to reduce/remove disqualification (Sec 11), President's decision on EC's opinion≈50 words
  4. 4Examples≈50 words

Open in about 30 words and close in about 30.

Answer plan

GroundsKey caseRemediesConclusion

Where marks usually go

  • Mixing anti-defection (Tenth Schedule) with RPA
  • No remedies

Draw this

  • Flow: ground → disqualification → remedy

Value addition

  • CaseLily Thomas v Union of India (2013) struck down Section 8(4), ending the three-month protection for sitting legislators.Supreme Court, 2013
  • ExampleRahul Gandhi's 2023 disqualification was reversed when the Supreme Court stayed his conviction.Supreme Court, 2023

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