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20th February 2023 (7 Topics)

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20th February 2023

QUIZ - 20th February 2023

5 Questions

5 Minutes

Editorials

The curious case of the disqualification of a politician

Polity & Governance

Context:

The issue in the case of Member of Parliament of Lakshadweep constituency and his disqualification for conviction is held final? Or can it be revoked?

The Background:

Question on disqualification: The instance where the Kerala High Court, in January this year, suspended the verdict passed by the Kavaratti District and Sessions Court in which the then sitting Member of Parliament (MP) of Lakshadweep and Nationalist Congress Party leader was sentenced to 10 years in jail, has raised an interesting question on his disqualification.
Consequences: The cost of a parliamentary election would have to be borne by the nation and developmental activities in Lakshadweep will also stop for a few weeks. The elected candidate will have just 15 months to function till the end of the term of the current Lok Sabha.
Suspension of conviction: Given these exceptional and irreversible consequences, it suspended his conviction until disposal of the appeal.

The specific provisions in Indian Constitution:

Article 102 of the Constitution specifies that a person shall be disqualified for contesting elections and being an MP under certain conditions. It also authorises Parliament to make law determining conditions of disqualifications.
The Representation of the People Act, 1951 provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more.

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