UPSC Mains 2019 GS2 Q11 — Representation of People Act
On what grounds a people’s representative can be disqualified under the Representation of Peoples Act, 1951 ? Also mention the remedies available to such person against his disqualification.
Question Decoded — examiner's intent
- Directive verbs
- mention
- Scope keywords
- people’s representativedisqualifiedRepresentation of Peoples Act, 1951remedies available
- Implicit sub-parts
- Categorization of disqualification grounds into criminal, economic, and moral/conduct-based offenses under Sections 8 to 11 of the RPA 1951.
- Legal and judicial recourse available to the aggrieved representative to stay or overturn the disqualification.
- The role of the President/Governor and the Election Commission in the decision-making process for specific sections.
- Common pitfalls
- Confusing RPA 1951 disqualifications with Constitutional grounds (Art 102/191) or the 10th Schedule (Anti-defection).
- Failing to mention the landmark Lily Thomas vs. Union of India case which struck down Section 8(4).
- Neglecting 'administrative' grounds like failure to lodge election expenses or holding an office in a government corporation.
- Missing the specific remedy provided under Section 11 regarding the Election Commission's power to reduce the period of disqualification.
- Dimensions required
- Statutory (RPA 1951 provisions)Judicial (Supreme Court precedents)Procedural (Appellate mechanisms)Institutional (Election Commission of India's role)
- Marks allocation hint
Dedicate approximately 150 words to the grounds of disqualification, systematically covering Sections 8, 8A, 9, 9A, 10, and 11. Use the remaining 100 words to detail remedies such as appeals to higher courts, the impact of staying a conviction, and the ECI's power to remove disqualifications. Ensure a brief introduction defines the importance of legislative integrity and a conclusion mentions the balance between accountability and legal protection.
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