DISQUALIFICATION OF MLA - POLITY

DISQUALIFICATION OF MLA - POLITY

News: T.N. Minister convicted, faces disqualification

 

What's in the news?

●       The Madras High Court convicting him in dis­proportionate assets case, now faces disqualification

 

Constitutional and legal Provisions for Disqualification of MLAs:

Disqualification of a lawmaker is prescribed in three situations.

  1. Articles 102(1) and 191(1) provides for disqualification of a member of Parliament and a member of the Legislative Assembly respectively.

○       The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.

  1. Tenth Schedule of the Constitution:

○       This provides for the disqualification of the members on grounds of defection.

  1. Representation of The People Act (RPA), 1951:

○       This law provides for disqualification for conviction in criminal cases.

 

Disqualification under the RPA, 1951:

Section 8 of the RPA deals with disqualification for conviction of certain offences.

●       Section 8(1A) of the act includes specific offences such as promoting enmity between two groups, bribery and undue influence or personation at an election.

●       Section 8(2A) lists offences that deal with hoarding or profiteering, adulteration of food or drugs and for conviction and sentence of at least six months for an offence under any provisions of the Dowry Prohibition Act.

●       Section 8(3A) disqualifies a convicted person who has been sentenced to imprisonment for not less than two years.

○       He is disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

 

Can We Reverse Disqualification?

●       The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.