Qualifications And Disqualifications Analysis
Legally the prevention of the entry of criminals and anti social elements into the political arena is accomplished by the provisions of qualifications and disqualification prescribed in the representation of peoples act 1951 and further strengthened by the constitution of our country. Qualifications and disqualifications for becoming a member of the parliament and the state legislature is dealt in sections 3 to 11a of the representation of peoples act, 1951. As far as the constitution is concerned the Articles 84, 101, 102, 103 and 104 deal with regard to the member of the parliament. Membership of the state legislatures are regulated by articles 173, 190, 191 and 192 of the constitution of India.
The primary object of enacting the articles …show more content…
Section 8 seeks to promote freedom and fairness in the process of election and also to maintain the law and order and the decorum of the society during the period of the election. The provision needs to be construed in a meaningful manner in order to effectively prevent the mischief.
Section 8 of the act enlists certain offences which would disqualifies a person from being elected or continuing as a member of the parliament or legislative assembly.
Specifically, Section 8(1) lists a number of offences, convictions under which disqualify the candidate irrespective of the quantum of sentence or fine – these include certain electoral offences, offences under the Foreign Exchange Regulation Act, 1973, the Narcotics Drugs and Psychotropic Substances Act, 1985 the Prevention of Corruption Act, 1988 etc. Section 8(2) lists other offences, convictions under which would only result in disqualification if imprisonment is for six months or …show more content…
The hon’ble court referred to the k.prabhakaran v. p.jayarajan case were it was held to be intra vires, and also articles 102(1)(e)and 191(1)(e) of the constitution of india. The apex court held that when a elected representative stands disqualified by or under any law made by the parliament under article 102(1)(e) and 191(1)(e) of the constitution his seat automatically falls vacant by virtue of articles 101(3)(a) and 190(3)(a) and the parliament cannot make a provision as in sub section(4) to defer the date on which the disqualification of a sitting member will have effect and prevent his seat from becoming vacant on account of his
The primary object of enacting the articles …show more content…
Section 8 seeks to promote freedom and fairness in the process of election and also to maintain the law and order and the decorum of the society during the period of the election. The provision needs to be construed in a meaningful manner in order to effectively prevent the mischief.
Section 8 of the act enlists certain offences which would disqualifies a person from being elected or continuing as a member of the parliament or legislative assembly.
Specifically, Section 8(1) lists a number of offences, convictions under which disqualify the candidate irrespective of the quantum of sentence or fine – these include certain electoral offences, offences under the Foreign Exchange Regulation Act, 1973, the Narcotics Drugs and Psychotropic Substances Act, 1985 the Prevention of Corruption Act, 1988 etc. Section 8(2) lists other offences, convictions under which would only result in disqualification if imprisonment is for six months or …show more content…
The hon’ble court referred to the k.prabhakaran v. p.jayarajan case were it was held to be intra vires, and also articles 102(1)(e)and 191(1)(e) of the constitution of india. The apex court held that when a elected representative stands disqualified by or under any law made by the parliament under article 102(1)(e) and 191(1)(e) of the constitution his seat automatically falls vacant by virtue of articles 101(3)(a) and 190(3)(a) and the parliament cannot make a provision as in sub section(4) to defer the date on which the disqualification of a sitting member will have effect and prevent his seat from becoming vacant on account of his