News: Karnataka MLA G. Janardhan Reddy has been disqualified from the State Legislative Assembly after being convicted by the Principal Special Judge for CBI cases in Hyderabad. The disqualification is effective from May 6, 2025, as per Article 191(1)(e) of the Constitution and Section 8 of the Representation of the People Act, 1951. Disqualification of a Sitting Lawmaker.
About the Disqualification
Disqualification of a lawmaker means loss of membership in the legislature due to legal or constitutional violations. It serves to uphold integrity in public life and prevent individuals with criminal convictions or disqualifying conduct from continuing in office.
Constitutional and Statutory Provisions
- Article 191(1)(e): Applies to State Legislators; covers disqualification for conviction under law.
- Article 102(1): Corresponding provision for Members of Parliament.
- Tenth Schedule: Deals with disqualification due to defection. Introduced by the 52nd Amendment (1985). Purpose: Prevents elected members from switching parties or acting against party directions.
- Representation of the People Act (RPA), 1951:
- Section 8(1): Includes offences like promoting enmity and electoral fraud.
- Section 8(2): Includes dowry and food adulteration cases.
- Section 8(3): Applies if imprisonment is for at least two years; disqualification continues for six more years after release.
- Section 9 to 11B: Cover disqualification due to corruption, government contracts, failure to declare expenses, and procedures for removal.
Judicial Interpretation and Appeal Impact
- Lily Thomas v. Union of India (2013): Supreme Court struck down Section 8(4) of the RPA. A convicted lawmaker is disqualified immediately; merely filing an appeal does not protect their seat.
- Lok Prahari v. Union of India (2018): A disqualification can only be reversed if the conviction itself is stayed by a competent court. A stay on sentence alone is not enough.
