20 Feb Representation of Peoples Act 1951
Recent Cases of Disqualification of Elected Representatives Under the Representation of Peoples act 1951
UPSC relevant to the representation of peoples act 1951
The Representation of the Peoples Act, of 1951 is an Indian law that governs the conduct of elections and the qualifications and disqualifications for elected representatives. The Act lists several grounds on which a person can be disqualified from being chosen as, or for being, a member of Parliament or the State Legislature.
About Representation of Peoples act 1951
- Disqualification on conviction for certain offenses: If a person is convicted of any offense and is sentenced to imprisonment for two years or more, they are disqualified from being chosen as, or for being, a member of Parliament or the State Legislature.
- Disqualification for corrupt practices: If a person is found guilty of any unethical practice during the course of an election, such as bribing voters, they are disqualified from being chosen as, or for being, a member of Parliament or the State Legislature.
- Disqualification for disloyalty to the Indian Constitution: If a person advocates or practices any ideology opposed to the Indian Constitution, they can be disqualified from being chosen as, or for being, a member of Parliament or the State Legislature.
- Disqualification for office of profit: If a person holds any office of profit under the central or state government, they are disqualified from being chosen as, or for being, a member of Parliament or the State Legislature.
- Disqualification for unsoundness of mind: If a person is declared to be of unsound mind by a court of law, they are disqualified from being chosen as, or for being, a member of Parliament or the State Legislature.
- Disqualification for citizenship: If a person is not a citizen of India, they are disqualified from being chosen as, or for being, a member of Parliament or the State Legislature.
- Disqualification for failure to submit election expenses: If a person fails to submit their election expenses within the stipulated time period, they can be disqualified from being chosen as, or for being, a member of Parliament or the State Legislature.
Some recent examples of disqualification of elected representatives under the Representation of the Peoples Act, 1951 include
Disqualification of 20 AAP MLAs in Delhi
In 2018, the Election Commission of India recommended the disqualification of 20 Aam Aadmi Party (AAP) MLAs in Delhi under the Representation of the Peoples Act, 1951 for holding the office of profit. The Delhi High Court later upheld the disqualification.
Disqualification of Azam Khan
Mr. Khan used insults to provoke the then Rampur District Magistrate Aunjaneya Kumar Singh, the Chief Minister Yogi Adityanath, Prime Minister Narendra Modi, and the Congress candidate Sanjay Kapoor during the 2019 Lok Sabha election campaign.
In Rampur, a lawsuit was filed against him in April 2019. Assistant Chief Judicial Magistrate Nishant Maan found Mr. Khan guilty of breaking Sections 153A and 505 (1) of the IPC and Section 125 of the Representation of the Peoples Act (RPA), 1951.
The Supreme Court ruled in 2013 in the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India) that any Member of Parliament, Member of the Assembly, or Member of the Legislative Council who is convicted of a crime and given a minimum of two years imprisonment loses membership of the House with immediate effect. The Assembly Secretariat cited this decision in its order of disqualification.
Disqualification of Abdullah Azam Khan Under the Representation of Peoples act 1951
After receiving a two-year prison sentence from a Moradabad court in a case that dates back fifteen years, Abdullah Azam Khan was disqualified from the Uttar Pradesh Legislative Assembly on Wednesday. Abdullah Azam was convicted in the 15 years old case where after the attack on the CRPF camp in Rampur district of Uttar Pradesh the checking of the car of the father and son duo Mr. Azam khan and Mr. Abdullah Azam Khan there was a dharna on the road with their supporters.
The case was filed in 2008 Under Sections 341 (wrongful restraint) and 353 (attack or criminal force to prevent a public official from performing his duties), against Mr. Abdullah Azam Khan and his father.
Representation of peoples act 1951
These examples illustrate the wide range of grounds on which elected representatives can be disqualified under the Representation of the Peoples Act, 1951. However, there have been some issues and controversies surrounding the disqualification process as well, such as:
Delay in decision-making
In some cases, the process of disqualification can be delayed due to various factors, including legal challenges and political considerations. This can lead to a lack of accountability and transparency in the system.
Political bias
There have been allegations of political bias in the disqualification process, with some parties accusing the authorities of targeting their members while ignoring similar violations by members of other parties.
Lack of clarity
The criteria for disqualification under the Representation of the Peoples Act, 1951 are sometimes unclear, leading to confusion and disputes. This can also result in inconsistent decisions being made by different authorities.
Conclusion
In order to address these issues, there have been calls for greater transparency and accountability in the disqualification process, as well as for clearer criteria for disqualification under the Representation of peoples act 1951. Additionally, there is a need to ensure that the process is free from political bias and that decisions are made in a timely and consistent manner.
Source:
- Legislative.gov.in
- TheHindu (The curious case of the disqualification of a politician)
- The Hindu (Azam Khan’s conviction and disqualification from Assembly create a flutter in U.P)
- The Hindu (SP alleges double standards in disqualification of convicted BJP MLAs)
- The Hindu (Lakshadweep MP Mohammed Faizal disqualified from Lok Sabha over attempt to murder case)
- Abplive.com (Why are Azam Khan and his son Abdullah silent? BJP preparations begin for ‘Mission Mode’ on Swar seat)
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