<h1 class="ql-align-center"><strong style="color: rgb(230, 0, 0);">Disqualification of an Member of Parliament&nbsp;</strong></h1><p class="ql-align-center"><br></p><h3><strong>Context&nbsp;</strong></h3><ul><li class="ql-indent-1">Recently, a member of parliament&nbsp;has been sentenced to two years jail by surat district court which led to his <strong>disqualification as a Member of Parliament (MP).</strong></li></ul><h3><strong>Background&nbsp;</strong></h3><ul><li class="ql-indent-1"><strong>Section 8(4) of the Representation of the People Act (RPA), 1951</strong>, allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within three months of the date of judgment by the trial court.</li><li class="ql-indent-2">However, in 2013, the Supreme Court through its landmark judgment in <strong>the Lily Thomas v/s Union of India case, struck down Section 8(4) of the RPA, 1951.</strong></li><li class="ql-indent-2">The Section was declared unconstitutional by the apex court on the ground that the Parliament did not have the required legislative competence to enact such legislation.</li><li class="ql-indent-1">According to the Supreme Court, <strong>Article 102 of the Constitution had mandated Parliament to enact a common law </strong>prescribing terms and conditions to disqualify an individual for both “being chosen as” as well as “being a member” of Parliament (Article 191 is the corresponding article for State Assembly and Legislative Council).</li><li class="ql-indent-1">However, as per Sub-section (4) of Section 8 of RPA the mere act of filing an appeal would operate as a stay on disqualification until its disposal.&nbsp;</li><li class="ql-indent-1">The apex court had ruled that by creating one provision for the immediate disqualification of ordinary citizens and another one for deferred disqualification of legislators, Parliament had violated the constitutional mandate.</li></ul><h3><strong>Constitutional Provisions for disqualification&nbsp;</strong></h3><ul><li class="ql-indent-1"><strong>Articles 102 &amp; 191</strong>: Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution and for an MLA in Article 191.</li><li class="ql-indent-2">Article 102 authorizes Parliament to make law determining conditions of disqualifications.</li><li class="ql-indent-2">Grounds for disqualification under Constitution:</li><li class="ql-indent-3">Holding an office of profit under the Government of India or State Government</li><li class="ql-indent-3">Being of unsound mind</li><li class="ql-indent-3">Being an undischarged insolvent</li><li class="ql-indent-3">Not being an Indian citizen or for acquiring citizenship of another country.</li><li class="ql-indent-1"><strong>Tenth Schedule:</strong> Commonly known as the ‘anti-defection law’, it was meant to arrest the practice of legislators from changing political affiliations during their term in office.</li></ul><h3><strong>Article 103&nbsp;</strong></h3><ul><li class="ql-indent-1">Decision on questions as to disqualifications of members.</li><li class="ql-indent-2">(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in <strong>clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.</strong></li><li class="ql-indent-2">(2) Before giving any decision on any such question,<strong> the President shall obtain the opinion of the Election Commission and shall act according to such opinion.]</strong></li></ul><h3><strong>Provisions related to disqualification in RPA, 1951</strong></h3><ul><li class="ql-indent-1">There are several provisions that deal with disqualification under the RPA.</li><li class="ql-indent-1"><strong>Section 8 of the RPA deals with disqualification for conviction of certain offenses.</strong></li><li class="ql-indent-2">Section 8(1A) of the act includes specific offenses such as promoting enmity between two groups, bribery, and undue influence or personation at an election.</li><li class="ql-indent-2">Section 8(2A) lists offenses that deal with hoarding or profiteering, adulteration of food or drugs and for conviction and sentence of at least six months for an offense under any provisions of the Dowry Prohibition Act.</li><li class="ql-indent-2">Section 8(3A) disqualifies a convicted person who has been sentenced to imprisonment for not less than two years.</li><li class="ql-indent-3">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.</li><li class="ql-indent-1"><strong>Section 9: Disqualification for dismissal for corruption or disloyalty.</strong></li><li class="ql-indent-2">Section 9(A): Disqualification for Government contracts, etc.</li><li class="ql-indent-1"><strong>Section 10: Disqualification for office under Government company.</strong></li><li class="ql-indent-2">Section 10(A). Disqualification for failure to lodge account of election expenses.</li><li class="ql-indent-1"><strong>Section 11: Removal or reduction of period of disqualification.</strong></li><li class="ql-indent-2">Section 11(A): Disqualification arising out of conviction and corrupt practices.</li><li class="ql-indent-2">Section 11(B): Removal of disqualifications.</li></ul><p class="ql-align-center"><br></p><h1 class="ql-align-center"><strong>PRELIMS NOTES:</strong><a href="https://www.sunyaias.com/subscription-details/prelims-2023-sunya-notes-current-affairs" rel="noopener noreferrer" target="_blank" style="color: rgb(0, 102, 204);"><strong>CLICK HERE</strong></a></h1>