News Highlight
Two Uttar Pradesh legislators were convicted on criminal charges in recent days. Still, only one has been disqualified, and his seat was declared vacant by the state’s legislative assembly secretariat.
Key Takeaway
- One of the members was sentenced to a three year jail term for making an inflammatory speech in 2019.
Conviction of legislature and disqualification
- The Representation of the People Act of 1951
- The Representation of the People Act (RPA) says that anyone sentenced to imprisonment of two years or more shall be disqualified “from the date of such conviction” and remain disqualified for another six years after serving time in jail.
- Role of speaker
- The Speaker can start the disqualification proceedings either suo motu or after receiving an application on this.
Representation of the People Act, 1951
- About
- The Representation of the People Act, 1951, is to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State.
- It was introduced in Parliament by law minister Dr B.R. Ambedkar.
- The RPA deals with
- The qualifications and disqualifications for membership in these houses.
- The corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
- Offences on elections defined in the RPA 1951
- Promoting hatred and enmity.
- Breach of official duty and provide support to any candidate.
- Booth capturing and removing ballot papers.
- Engaging in the sale of liquor within two days before the conclusion of polling.
- Announcing public meetings within 48 hours before voting and also causing disturbances.
Supreme Court Rulings and RPA
- Lily Thomas vs Union of India 2013
- The Supreme court of India, in its judgement in 2013 while disposing of the Lily Thomas vs Union of India ruled that any MP or MLA who is convicted of a crime and sentenced to a minimum of two years in jail Offences on elections defined in the RPA 1951
- Association for Democratic Reforms (ADR) vs Union of India in 2002
- It mandated the disclosure of information relating to criminal antecedents, educational qualifications, and personal assets of a candidate contesting elections.
- Rambabu Singh Thakur v Sunil Arora 2020
- All candidates, both state and federal, are to make their criminal records public if they wish to run for office.
Can the disqualification be removed?
- Role of the Supreme Court
- The Supreme Court has the power to stay not only the sentence but also the conviction of a person.
- In some rare cases, conviction has been stayed to enable the appellant to contest an election.
- However, the SC has clarified that such a stay should be rare for particular reasons.
- Role of the Election Commission
- Under Sec. 11 of the Act, the EC may record reasons and either remove or reduce a person’s disqualification period.
- For example, The EC exercised this power for Sikkim Chief Minister, who served a oneyear sentence for corruption and reduced his disqualification to contest a byelection and remain in office.
Content Source: The Hindu