Daily News Analysis ‘Section 8 of the Representation of The People Act, 1951’: 11 February

Disqualification on Conviction for Certain Offences (Section 8 of RPA 1951):

• Who Gets Disqualified?

• • • A person convicted of serious crimes, including:
      • Promoting enmity between groups (religion, race, language, etc.).
      • Bribery and election fraud.
      • Rape and cruelty towards women.
      • Hate speech and inciting violence.
      • Terrorism and disruptive activities.
      • Corruption and misuse of public office.
      • Smuggling and illegal financial dealings.
      • Defacing or destroying places of worship.
      • Insulting the national flag or anthem.
      • Practicing or promoting untouchability.
  • Duration of Disqualification:

• • • • If sentenced to only a fine → Disqualified for 6 years from the date of conviction.
      • If sentenced to imprisonment → Disqualified during imprisonment + 6 years after release.

• Other Crimes Leading to Disqualification:

• • • Hoarding, profiteering, food or drug adulteration, and dowry-related crimes → If imprisoned for at least 6 months, disqualified for 6 years after release.
    • Any other crime with at least 2 years of imprisonment → Disqualified for 6 years after release.

• Exception for Lawmakers:

• • If a convicted person is a Member of Parliament (MP) or State Legislature, disqualification is delayed for 3 months.
  • If they appeal within this period, disqualification waits until the court decides on the appeal.

• A bench of the Supreme Court, heard a PIL seeking a lifetime ban on convicted MPs and MLAs from contesting elections. The plea also challenges Section 8 of the Representation of the People Act, 1951.