Q. With reference to the grounds for disqualification of the Members of Parliament (MPs) under the Representation of People’s Act (RPA), 1951, consider the following statements:
1. A person punished under the Protection of Civil Rights Act, 1955 is permanently disqualified for being elected as an MP.
2. A person who has held an office under the Government of India and has been dismissed for corruption is disqualified for being an MP.
3. If a person is an undischarged insolvent, then he is disqualified for being elected as an MP.
How many statements given above are correct?
Exp) Option a is the correct answer.
The Constitution of India contains certain grounds under which a person shall be disqualified for being elected as a member of Parliament. The Parliament has also laid down some additional disqualifications in the Representation of People Act (1951).
Option a is correct. Following grounds of disqualification from the post of an MP are mentioned in the Constitution:
- if he holds any office of profit under the Government of India or the Government of any state
- if he is of unsound mind and stands so declared by a competent court.
- if he is an undischarged insolvent. Thus, it is a constitutional provision and not a provision in the Representation of People’s Act, 1951. Hence, Statement 3 is incorrect.
- if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State
- if he is so disqualified by or under any law made by Parliament In accordance with the last provision above, Parliament enacted Representation of People’s Act, 1951, and added further grounds for disqualification. Some of them are as follows: A person punished under Protection of Civil Rights Act, 1955 which provides for punishment for the preaching and practice of “untouchability” shall be disqualified for six years and not indefinitely/permanently. Hence Statement 1 is incorrect.
He must not have been found guilty of certain election offences or corrupt practices in the elections. He must not have been convicted for any offence resulting in imprisonment for two or more years
He must not have failed to lodge an account of his election expenses within the time
A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal. Hence, Statement 2 is correct.