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Consider the following statements:
1. If an MP/MLA is convicted for a crime and is sent to jail for 2 years or more, he will be disqualified from contesting elections for 6 years from the time of release.
2. Even if a person is on bail after the conviction, he is disqualified from contesting an election if his appeal is pending for disposal.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements:1. If an MP/MLA is convicted for a c...
Disqualification of MPs and MLAs
- The RPA, 1951 lays down certain rules for disqualification of MPs and MLAs.
- Any person who promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of citizens of India can be punished with imprisonment for a term which may extend to 3 years.
- Section 8 (3) of the Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release. Hence, statement 1 is correct.
- Even if a person is on bail after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election. Hence, statement 2 is correct.
- Section 8(4) allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgement by the trial court.
- The Supreme Court in July 2013 struck down section 8(4) of the RPA, 1951 and declared it ultra vires and held that the disqualification takes place from the date of conviction.
Most Upvoted Answer
Consider the following statements:1. If an MP/MLA is convicted for a c...
The correct answer is option C, i.e., both statements 1 and 2 are correct.
1. Disqualification of MP/MLA after conviction:
According to the Representation of the People Act, 1951, if an MP (Member of Parliament) or MLA (Member of Legislative Assembly) is convicted of a crime and is sentenced to imprisonment for two years or more, they will be disqualified from contesting elections for a period of six years from the date of their release. This disqualification is applicable irrespective of the type of crime committed.
This provision aims to ensure that individuals with criminal backgrounds are not able to hold public office and participate in the democratic process. It serves as a deterrent and helps maintain the integrity of the electoral system.
2. Disqualification even if on bail:
The second statement is also correct. Even if a person is on bail after being convicted, they will be disqualified from contesting an election if their appeal against the conviction is pending for disposal. This means that the disqualification will come into effect even if the convicted person is out on bail and has not yet exhausted all legal remedies available to them.
This provision is important to prevent individuals from exploiting the legal system to delay the disqualification process. It ensures that even if a person has been convicted and is awaiting the final decision on their appeal, they are not allowed to contest elections until the matter is resolved.
These two statements reflect the legal provisions in place to maintain the integrity of the electoral process and prevent individuals with criminal backgrounds from holding public office. They ensure that individuals convicted of serious crimes are disqualified from contesting elections for a specified period, and that even those on bail after conviction cannot participate in the electoral process until their appeal is disposed of.
Therefore, both statements 1 and 2 are correct.
1. Disqualification of MP/MLA after conviction:
According to the Representation of the People Act, 1951, if an MP (Member of Parliament) or MLA (Member of Legislative Assembly) is convicted of a crime and is sentenced to imprisonment for two years or more, they will be disqualified from contesting elections for a period of six years from the date of their release. This disqualification is applicable irrespective of the type of crime committed.
This provision aims to ensure that individuals with criminal backgrounds are not able to hold public office and participate in the democratic process. It serves as a deterrent and helps maintain the integrity of the electoral system.
2. Disqualification even if on bail:
The second statement is also correct. Even if a person is on bail after being convicted, they will be disqualified from contesting an election if their appeal against the conviction is pending for disposal. This means that the disqualification will come into effect even if the convicted person is out on bail and has not yet exhausted all legal remedies available to them.
This provision is important to prevent individuals from exploiting the legal system to delay the disqualification process. It ensures that even if a person has been convicted and is awaiting the final decision on their appeal, they are not allowed to contest elections until the matter is resolved.
These two statements reflect the legal provisions in place to maintain the integrity of the electoral process and prevent individuals with criminal backgrounds from holding public office. They ensure that individuals convicted of serious crimes are disqualified from contesting elections for a specified period, and that even those on bail after conviction cannot participate in the electoral process until their appeal is disposed of.
Therefore, both statements 1 and 2 are correct.
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Consider the following statements:1. If an MP/MLA is convicted for a crime and is sent to jail for 2 years or more, he will be disqualified from contesting elections for 6 years from the time of release.2. Even if a person is on bail after the conviction, he is disqualified from contesting an election if his appeal is pending for disposal.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements:1. If an MP/MLA is convicted for a crime and is sent to jail for 2 years or more, he will be disqualified from contesting elections for 6 years from the time of release.2. Even if a person is on bail after the conviction, he is disqualified from contesting an election if his appeal is pending for disposal.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements:1. If an MP/MLA is convicted for a crime and is sent to jail for 2 years or more, he will be disqualified from contesting elections for 6 years from the time of release.2. Even if a person is on bail after the conviction, he is disqualified from contesting an election if his appeal is pending for disposal.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements:1. If an MP/MLA is convicted for a crime and is sent to jail for 2 years or more, he will be disqualified from contesting elections for 6 years from the time of release.2. Even if a person is on bail after the conviction, he is disqualified from contesting an election if his appeal is pending for disposal.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Consider the following statements:1. If an MP/MLA is convicted for a crime and is sent to jail for 2 years or more, he will be disqualified from contesting elections for 6 years from the time of release.2. Even if a person is on bail after the conviction, he is disqualified from contesting an election if his appeal is pending for disposal.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements:1. If an MP/MLA is convicted for a crime and is sent to jail for 2 years or more, he will be disqualified from contesting elections for 6 years from the time of release.2. Even if a person is on bail after the conviction, he is disqualified from contesting an election if his appeal is pending for disposal.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements:1. If an MP/MLA is convicted for a crime and is sent to jail for 2 years or more, he will be disqualified from contesting elections for 6 years from the time of release.2. Even if a person is on bail after the conviction, he is disqualified from contesting an election if his appeal is pending for disposal.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
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