Articles 102(1)(e) and 191(1)(e) empower Parliament to prescribe additional grounds for disqualifying members of Parliament and State Legislatures. Accordingly, Sections 8 to 10A of the Representation of the People Act, 1951 specify such grounds.

Grounds of Disqualification

Conviction for certain offences — Section 8
- Specified offences — Section 8(1)
  - Conviction for offences such as promoting enmity, electoral bribery, undue influence, rape, cruelty against women, corruption, terrorism, untouchability, sati, dowry and certain electoral offences attracts disqualification.
    - Where only a fine is imposed: six years from conviction
    - Where imprisonment is imposed: from conviction until six years after release
- Certain economic and social offences — Section 8(2)
  - Conviction and imprisonment of at least six months for offences involving hoarding or profiteering, adulteration of food or drugs, or dowry attracts disqualification from conviction until six years after release.
- General two-year rule — Section 8(3)
  - Conviction for any other offence accompanied by imprisonment of at least two years leads to disqualification from the date of conviction until six years after release.

Lily Thomas v. Union of India (2013)

In Lily Thomas v. Union of India (2013), the Supreme Court invalidated Section 8(4), which had protected sitting legislators from immediate disqualification during an appeal. Consequently, disqualification now operates immediately upon conviction.

Corrupt practices — Section 8A
- A person found guilty of a corrupt practice by the High Court may be disqualified for a period not exceeding six years.
- The period is determined by the President, who must obtain and act according to the Election Commission’s opinion.
- Corrupt practices under Section 123 include bribery, undue influence, communal appeals and publication of specified false statements.
Dismissal for corruption or disloyalty — Section 9
- A person dismissed from government service for corruption or disloyalty to the State is disqualified for five years from dismissal.
- A certificate from the Election Commission serves as conclusive proof of this fact
Government contracts — Section 9A
- A person is disqualified if they have a subsisting contract with the “appropriate Government” (Central or State) for the supply of goods or the execution of works in the course of their trade or business
Office in a government-controlled company — Section 10
- A person is disqualified if they serve as the managing agent, manager or secretary of a company or corporation other than a cooperative society in which the appropriate government holds at least 25% of the capital.
Failure to lodge election-expense accounts — Section 10A
- If the Election Commission is satisfied that a person failed to lodge their account of election expenses within the prescribed time and manner without good reason, they are disqualified for three years from the date of the Commission’s order

Grounds and Duration of Disqualification under the Representation of the People Act

Section	Ground for Disqualification	Duration of Disqualification
8(1)	Conviction for specific offences (e.g., promoting enmity between groups, bribery, rape, cruelty to women, or offences under the Protection of Civil Rights Act).	6 years from conviction (if only a fine) or from conviction date plus 6 years after release (if imprisoned).
8(2)	Conviction for specific social/economic crimes (e.g., hoarding, profiteering, or adulteration of food/drugs) with a sentence of at least 6 months.	From the date of conviction and continuing for 6 years after release.
8(3)	Conviction for any other offence with a sentence of at least 2 years imprisonment.	From the date of conviction and continuing for 6 years after release.
8A	Found guilty of Corrupt Practices (e.g., bribery, undue influence, or booth capturing).	A period not exceeding 6 years as determined by the President of India.
9	Dismissal for corruption or disloyalty while holding office under the Government of India or a State Government.	5 years from the date of dismissal.
9A	Having a subsisting contract with the Government for the supply of goods or execution of works.	For as long as the contract subsists.
10	Holding an office in a Government company (manager, secretary, etc.) where the Government has at least 25% share.	For as long as the person holds that office.
10A	Failure to lodge an account of election expenses within the required time without a good reason.	3 years from the date of the Election Commission's order.

Remedies against Disqualification

Appeal against conviction
- A person disqualified under Section 8 may appeal against the conviction before the competent appellate court.
- Merely filing an appeal does not suspend disqualification. The appellate court must specifically stay the conviction, not merely suspend the sentence.
- In Lok Prahari v. Election Commission of India (2018), the Supreme Court clarified that once the conviction itself is stayed, the disqualification under Section 8 does not operate during the stay.
Removal or Reduction by the ECI — Section 11
- The Election Commission may, for recorded reasons:
  - remove a disqualification; or
  - reduce its duration.
- ●This power does not apply to disqualification for corrupt practices under Section 8A.
Appeal in an election petition
- Where a High Court sets aside a returned candidate’s election on the ground of disqualification under Section 100(1)(a), an appeal lies directly to the Supreme Court under Section 116A, ordinarily within 30 days.
- Appeal against finding of corrupt practice
  - Where the High Court, while deciding an election petition, finds a person guilty of a corrupt practice(under Section 99), the aggrieved person may appeal to the Supreme Court under Section 116A, ordinarily within 30 days.
Challenge to ECI orders
- An order of the Election Commission under Sections 10A or 11 may be challenged before the concerned High Court under Article 226, particularly on grounds of illegality, procedural unfairness, mala fides or violation of natural justice.

The RPA establishes disqualification as a safeguard against criminality, corruption, conflicts of interest and financial non-compliance in legislatures. At the same time, appellate review, the ECI’s power under Section 11 and constitutional judicial review protect representatives against erroneous or arbitrary disqualification.

Sample Mains Question

On what grounds can a Member of Parliament or a State Legislature be disqualified under the Representation of the People Act, 1951? Also discuss the remedies available against such disqualification.[15 Marks | 250 Words]

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