Enumerate the salient features regarding the disqualification provisions of the Representation of People’s Act 1951 and also discuss its significance in electoral system of India.

Model Answer

Model Answer

India being the largest democracy of the world, elections in India have been the largest electoral exercise in the world since the 1st general elections of 1952. Representation of Peoples Act 1951 is an act enacted by the Indian provincial parliament before first general elections. The People’s Representation act provides for the actual conduct of elections in India. The act also deals with details like qualification and disqualification of members of both houses of Parliament (i.e. Loksabha and Rajya Sabha) and the state legislatures (i.e. State Legislative Assembly and State Legislative Council). Rules for the mode of conduct of elections are highlighted in detail. 

Representation of Peoples Act 1951 (RPA Act 1951) provides for: 

• Actual conduct of elections.
• Administrative machinery for conducting elections.
• Poll.
• Election offences. 
•  Election disputes.
•  By-elections.
• Registration of political parties.

The RP Act, 1951 is of special significance to the smooth functioning of Indian democracy, as it checks the entry of persons with criminal background into the representative bodies. RP act, 1951 was amended many times, the major amendment being made in 1966. The original RPA 1951 contains 13 parts and 171 sections. Part 2 deals with qualifications and disqualifications of the members of the parliament and the state legislatures. Part 4A deals with the registration of political parties. Part 5A deals with the free supply of certain materials to candidates of recognised political parties. Part 13A mentions the Chief Electoral Officer. This act is important because it is cited judges frequently in preventing criminals from entering the electoral system and representative bodies of the country.

 Section 8 deals with Disqualification of representatives on conviction for certain offences. The various sub-clauses include 

• 8 ( 1 ): A person convicted of an offence punishable under certain acts of Indian Penal Code, Protection of Civil Rights Act 1955, Unlawful Activities (Prevention) Act 1967, Prevention of Corruption Act 1988, Prevention of Terrorism Act 2002 etc. shall be disqualified, where the convicted person is sentenced to — (i) only fine, for a period of six years from the date of such conviction; (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. 
• 8 ( 2 ): A person convicted for the contravention of—(a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act, 1961.  
• 8 ( 3 ): A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.  
• A fourth subsection, i.e., 8 (4) was struck down by the Supreme Court in 2013 (Lily Thomas case). This subsection had provisions for convicted lawmakers to retain their seats if they filed an appeal within 3 months of their conviction.  In 2013, the Patna High Court also debarred persons in judicial or police custody from contesting elections. The other disqualification criteria for an MP as laid down in Article 102 of the Constitution, and for an MLA in Article 191 are holding an office of profit under government of India or state government. 

Conclusion:

Elections are the life blood of any democracy. The robustness of electoral processes determines the fate of the nation. The timely reforms to the electoral process by ECI, according to the changing needs of the society and the strong review of the judiciary have helped in conduction of free and fair elections till date.