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With reference to the disqualification of convicted legislators from Assembly, consider the following statements:
1. Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.
2. In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.
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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With reference to the disqualification of convicted legislators from A...
Explanation:
Statement 1: Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.
Statement 2: In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.
Statement 1: Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.
The Representation of the People Act (RPA), 1951 is a key legislation governing elections in India. Section 8 of the RPA deals with disqualification on the ground of conviction for certain offenses. It provides that a person convicted of any offense and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
This provision aims to decriminalize electoral politics by disqualifying individuals with serious criminal records from contesting elections. It seeks to maintain the integrity of the legislative bodies by preventing those with criminal backgrounds from holding public office. Therefore, statement 1 is correct.
Statement 2: In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.
In the case of Lily Thomas vs. Union of India, the Supreme Court of India dealt with the issue of disqualification of convicted legislators. The court held that Section 8(4) of the RPA, which allowed convicted legislators to continue in office if they filed an appeal within three months of their conviction, was unconstitutional. The court ruled that such a provision violated the principles of equality before the law and the right to equality enshrined in the Constitution. The court stated that disqualification should be immediate and should not be subject to the outcome of an appeal.
Therefore, statement 2 is correct.
Conclusion:
Both statements 1 and 2 are correct. Section 8 of the Representation of the People Act (RPA), 1951 aims to decriminalize electoral politics, while the Supreme Court in the case of Lily Thomas vs. Union of India struck down clause (4) of the RPA as unconstitutional.
Statement 1: Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.
Statement 2: In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.
Statement 1: Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.
The Representation of the People Act (RPA), 1951 is a key legislation governing elections in India. Section 8 of the RPA deals with disqualification on the ground of conviction for certain offenses. It provides that a person convicted of any offense and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
This provision aims to decriminalize electoral politics by disqualifying individuals with serious criminal records from contesting elections. It seeks to maintain the integrity of the legislative bodies by preventing those with criminal backgrounds from holding public office. Therefore, statement 1 is correct.
Statement 2: In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.
In the case of Lily Thomas vs. Union of India, the Supreme Court of India dealt with the issue of disqualification of convicted legislators. The court held that Section 8(4) of the RPA, which allowed convicted legislators to continue in office if they filed an appeal within three months of their conviction, was unconstitutional. The court ruled that such a provision violated the principles of equality before the law and the right to equality enshrined in the Constitution. The court stated that disqualification should be immediate and should not be subject to the outcome of an appeal.
Therefore, statement 2 is correct.
Conclusion:
Both statements 1 and 2 are correct. Section 8 of the Representation of the People Act (RPA), 1951 aims to decriminalize electoral politics, while the Supreme Court in the case of Lily Thomas vs. Union of India struck down clause (4) of the RPA as unconstitutional.
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With reference to the disqualification of convicted legislators from A...
Two Uttar Pradesh legislators were convicted on criminal charges in recent days, but only one of them has been disqualified and his seat declared vacant by the State’s Legislative Assembly secretariat.
- Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.
- There are two categories of criminal cases that attract disqualification upon conviction.
- In the first category are offences that entail disqualification for a period of six years upon any conviction.
- If the punishment is a fine, the six-year period will run from the date of conviction, but if there is a prison sentence, the disqualification will begin on the date of conviction, and will continue up to the completion of six years after the date of release from jail.
- Major IPC offences are included under this head:
- making speeches that cause enmity between groups (Sec.153A) and doing so in a place of worship (Sec.505), bribery and personation during elections and other electoral offences, offences relating to rape and cruelty to women by husband and latter’s relatives.
- Besides, serious provisions of special laws such as the Protection of Civil Rights Act, Customs Act, Unlawful Activities (Prevention) Act etc are among the category of offences that entail disqualification regardless of the quantum of punishment.
- Laws for prevention of Sati, corruption, terrorism and insult to national flag and national anthem etc are also part of this group.
- All other criminal provisions form a separate category under which mere conviction will not entail disqualification. A sentence of at least two years in prison is needed to incur such disqualification.
Legal protection:
- Under Section 8(4) of the RPA, legislators could avoid immediate disqualification until 2013.
- The provision said that with respect to a Member of Parliament or a State legislator the disqualification will not take effect for three months.
- If within that period, the convicted legislator files an appeal or revision application, it will not take effect until the disposal of the appeal or application.
- In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) as unconstitutional, thus removing the protection enjoyed by lawmakers.
Hence both statements are correct.
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With reference to the disqualification of convicted legislators from Assembly, consider the following statements:1. Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.2. In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.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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With reference to the disqualification of convicted legislators from Assembly, consider the following statements:1. Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.2. In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.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 With reference to the disqualification of convicted legislators from Assembly, consider the following statements:1. Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.2. In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.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 With reference to the disqualification of convicted legislators from Assembly, consider the following statements:1. Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.2. In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.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?.
With reference to the disqualification of convicted legislators from Assembly, consider the following statements:1. Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.2. In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.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 With reference to the disqualification of convicted legislators from Assembly, consider the following statements:1. Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.2. In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.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 With reference to the disqualification of convicted legislators from Assembly, consider the following statements:1. Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics.2. In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) of the Representation of the People Act (RPA), 1951 as unconstitutional.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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