Q. With reference to the disqualification of legislators in India, consider the following statements:
1.Article 191 of the Constitution deals with disqualification of Members of State Legislatures.
2.Under Section 8(3) of the Representation of the People Act, 1951, a legislator convicted and sentenced to imprisonment for two years or more is disqualified for the period of imprisonment and an additional six years.
3.As per the Supreme Court’s ruling in Lily Thomas v. Union of India (2013), a convicted lawmaker loses membership only after the President or Governor gives assent to the disqualification.
Which of the statements given above is/are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1 and 2 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] 1, 2 and 3

Answer: A
Notes:

Explanation:

  • Statement 1 is correct – Article 191 applies to disqualification of State Legislature members (MLAs).
  • Statement 2 is correct – Section 8(3) of RPA, 1951 specifies disqualification for the duration of imprisonment plus six additional years.
  • Statement 3 is incorrect – In Lily Thomas v. Union of India, the SC ruled that disqualification is immediate upon conviction and sentencing, without waiting for executive assent.

SourceHT


Discover more from Free UPSC IAS Preparation Syllabus and Materials For Aspirants

Subscribe to get the latest posts sent to your email.

Blog
Academy
Community