Legal aspects related to disqualification- Slow and unsteady

Source: The post legal aspects related to disqualification has been created, based on the article “Slow and unsteady: The legislature should complement the judiciary in fighting corruption” published in “The Hindu” on 7th March 2024.

UPSC Syllabus Topic: GS Paper 2-polity-Salient features of the Representation of People’s Act.

News: The Tirukkoyilur Assembly (Tamil Nadu) constituency was not declared vacant immediately after the conviction of former Higher Education Minister K. Ponmudy in a disproportionate assets case. Despite the conviction, there was a delay in declaring the seat vacant.

Why has the delayed declaration of a vacant assembly seat in Tamil Nadu faced criticism?

Legal Mandate: Despite the Madras High Court’s conviction, the seat remained occupied for an unexplained duration, raising concerns about timely legislative response to lawmaker disqualification.

Contrast with Other Cases: This delay contrasts with the prompt action taken in other cases, such as the Vilavancode constituency, where a legislator promptly vacated the seat after changing party affiliation.

What are the legal aspects related to disqualification?

Section 8(1) Disqualification:

Section 8(1) of the Representation of the People Act, 1951 lists offenses under laws like the Narcotic Drugs and Psychotropic Substances Act and Prevention of Corruption Act.

Criteria for Disqualification: Section 8(1) states that disqualification “shall be” immediate upon conviction, implying no delay in implementation.

For example: Despite K. Ponmudy’s conviction, there was a delay in declaring the Tirukkoyilur Assembly seat vacant, raising questions about adherence to the legal mandate.

Section 8(3) Disqualification:

Section 8(3) of the Representation of the People Act, 1951 mandates disqualification for certain offenses, including criminal defamation. It applies to specific offenses and mandates disqualification for a certain period after conviction. For example: Member of Parliament Rahul Gandhi was disqualified under Section 8(3) after his conviction and two-year sentence in a criminal defamation case.

For more information read here

What are the broader implications of such delays?

It undermines public confidence in the legislative process.

Unequal treatment in responding to lawmaker disqualification cases can erode trust in the fairness of the system.

What should be done?

1. The legislature should take prompt action to declare vacant seats in cases of lawmaker disqualification, in line with legal mandates.
2. There should be cooperation between the judiciary and legislature to ensure effective combat against corruption.
3. All lawmakers should be treated equally in disqualification cases, without bias or delay.
4. Upholding democratic principles involves respecting dissent while combating corruption and ensuring fair and timely responses to disqualification cases.

Question for practice:

Discuss the importance of promptly declaring vacant seats in cases of lawmaker disqualification, considering legal mandates and the implications of delays, with examples from cases like Tirukkoyilur and Vilavancode constituencies.