Disqualification under RPA, 1951

The Representation of the People Act, 1951, pertains to the conduct of elections for the Houses of Parliament and the Houses of the Legislature of each state, from the notification of elections to the resolution of election disputes.
The Act specifies the procedures to be followed by the Election Commission of India (ECI), an autonomous Constitutional body that administers national and state elections.
The Act mentions what qualifies or disqualifies a candidate from contesting elections; defines corrupt practice; mandates the registration of political parties; and stipulates the procedure for the nomination of candidates, polling and the declaration of election results. The Act also confers the right to vote on every person whose name is on the electoral roll.

Under Section 8 of the RPA, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified for that period and a further six years after release.

The Central government has told the Supreme Court that it rejected the idea of barring convicted legislators for life from contesting elections, forming or becoming an office-bearer of a political party.
It said an elected representative of the people cannot be equated with public servants who are banned for a lifetime on conviction.
The government said disqualification under the Representation of the People Act of 1951 for the period of the prison sentence and six years thereafter was enough for legislators.

The Centre’s stand differs from that taken by the Election Commission, which endorsed a life ban as necessary to “champion the cause of decriminalisation of politics”.
The case is based on a plea which argued that a life ban on conviction should uniformly apply for members of the judiciary, executive and the legislature.
The plea argued that while a public servant or a government employee is debarred for life on conviction for offences under the Indian Penal Code, money laundering law, foreign exchange violation, UAPA or cheque cases, among other laws, a legislator is only disqualified for the same offences for a specified period.

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