The Disqualification of Rajya Sabha Candidature
#GS-2 #Indian Polity & Constitution #Constitution #Parliament
Why in News
- The Returning Officer officially rejected the Rajya Sabha nomination of senior Congress leader Meenakshi Natarajan from Madhya Pradesh during the scrutiny of candidates.
About the Disqualification
- Disqualification of a Rajya Sabha candidature means the legal rejection of nomination papers or the removal of a sitting member from the Upper House of Parliament.
- This happens when a person fails basic constitutional requirements or violates specific laws meant to protect the honesty of India's lawmaking bodies.
Constitutional Provisions and Laws Associated
- The Constitution of India under Article 102 lists main reasons to disqualify a parliament member, such as holding an Office of Profit, being of unsound mind, or being bankrupt.
- The Representation of the People Act, 1951 provides detailed rules under Chapter III about crimes, criminal convictions, and paperwork errors that stop a citizen from contesting elections.
- The Conduct of Elections Rules, 1961 require every candidate to fill out Form 26, which is a detailed affidavit about criminal history, property, debts, education, and tax details.
Who Can Take Action
- The Returning Officer (RO) has the official power to check nomination papers carefully and reject them if they are incomplete or have false information.
Disqualification Criteria Under RPA 1951
- Under Section 8(1) of the Representation of the People Act, 1951, getting convicted for serious crimes like bribery, rape, corruption, spreading communal hatred, or insulting the National Flag leads to an instant ban from elections.
- Under Section 8(2) of the Representation of the People Act, 1951, a conviction for hoarding, black marketing, or food and drug adulteration with a jail term of six months or more causes electoral disqualification.
- Under Section 8(3) of the Representation of the People Act, 1951, any conviction that brings a jail sentence of two years or more bars a person from elections during their prison term and for six years after coming out.
- Under Section 8A of the Representation of the People Act, 1951, candidates proven guilty of unfair practices like bribery, booth capturing, or threatening voters can face a ban of up to six years.
- Under Section 9 of the Representation of the People Act, 1951, any government servant fired for corruption or disloyalty to the nation cannot contest elections for five years.
- Under Section 9A of the Representation of the People Act, 1951, people who have active business contracts with the government for goods or public works are barred to stop any conflict of interest.
- Under Section 10 of the Representation of the People Act, 1951, holding top management jobs in government companies can lead to disqualification because it may cause misuse of official power.
- Under Section 10A of the Representation of the People Act, 1951, failing to file a proper report of election expenses within the given time limit can cause a ban for three years.
- Hiding important facts in Form 26 Affidavits about criminal cases, wealth, debts, or financial stakes can cause the Returning Officer to reject the nomination paper for holding back truth.