Lifetime ban on people: SC to take up a plea to convicted of offences.

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The Supreme Court said it would consider a plea seeking a lifetime ban on people convicted of offences from contesting elections.

Key Takeaways

• The Central government, in an affidavit filed in 2020, the Central government rejected the idea of a lifetime ban on convicted people contesting elections.
• It has been said that six years of disqualification under the Representation of the People Act of 1951 was enough for legislators.
• However, the Election Commission of India in 2017 supported a lifetime ban on convicted politicians. 

Membership of Parliament: Qualifications and Disqualifications

• Qualifications:
• A person is qualified to be a member of parliament under Article 84 of the constitution if he:
  • An Indian citizen
  • In the Rajya Sabha, he or she must be 30 years old, 
  • whereas, in the Lok Sabha, he or she must be 25 years old.
• Possesses any other qualities that may be stipulated in that regard by or under any law enacted by Parliament.

• Disqualification:
• Article 102 of the Constitution establishes conditions for a member of either House of Parliament to be disqualified. 
  • If the member fails to comply with the rules, he or she will be disqualified.
  • If he holds a profit-making office that is not listed in the laws of parliament.
  • If he is found to be mentally ill by a competent court.
  • If he is discovered to be an unsolved insolvent.
  • If he is not an Indian citizen.
  • If any law passed by Parliament disqualifies him.

• Disqualifications under the Representation of the People Act 1951
  • The member must not have been found guilty of certain election offences.
  • The member must not have been convicted of any offence resulting in imprisonment for two or more years.
  • The member must not have failed to lodge an account of his election expenses within the time limit.
  • The member must not have any interest in government contracts, work or services.
  • The member must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
  • The member must not have been dismissed from government service for corruption or disloyalty to the state.
  • The member must not have been convicted of promoting enmity between different groups or of the offence of bribery
  • The member must not have been punished for preaching and practising social crimes such as untouchability, dowry and Sati.

• Disqualification on the grounds of defection:
• A member incurs disqualification under the defection law in the Tenth Schedule.
  • If he voluntary gives up the membership of the political party on whose ticket he is elected to the House;
  • If he votes or abstains from voting in the House contrary to any direction given by his political party
  • If any independently elected member joins any political party.
  • If any nominated member joins any political party after the expiration of six months

Pic Courtesy: The Hindu

Content Source: The Hindu

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