Disqualification of Elected Representatives in India • Cons
Disqualification of Elected Representatives in India
• Constitutional Basis:
• Article 102(1)(e): Disqualification for Parliament members if convicted of an offense with 2 years imprisonment.
• Article 191(1)(e): Same rule for State Legislature members.
• Legal Basis:
• Section 8, Representation of the People Act, 1951:
• Any convicted member becomes automatically disqualified.
• Disqualification lasts for the duration of the sentence plus 6 years.
• Key Point:
• Applies to serious crimes like corruption, murder, etc.
• Election Commission or courts enforce the disqualification.
✅ In short: Conviction with 2 years imprisonment → automatic disqualification from Parliament/State Legislature under Constitution RPA, 1951.
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