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Polity & Governance
Mahesh

25/03/23 09:24 AM IST

Disqualification MPs

In News
  • Recently, an eminent politician has been sentenced to two years jail which shall lead to his disqualification as a Member of Parliament (MP).
Constitutional Provisions
  • Articles 102 & 191: Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution and for an MLA in Article 191.
  • Article 102 authorizes Parliament to make law determining conditions of disqualifications.
  • Grounds for disqualification under Constitution-
  • Holding an office of profit under the Government of India or State Government
  • Being of unsound mind
  • Being an undischarged insolvent
  • Not being an Indian citizen or for acquiring citizenship of another country.
  • Tenth Schedule- Commonly known as the ‘anti-defection law’, it was meant to arrest the practice of legislators from changing political affiliations during their term in office.
About RPA,1951
  • Section 8(1): This includes specific offences such as promoting enmity between two groups, bribery, and undue influence or personation at an election.
  • A person will be disqualified if convicted and sentenced to imprisonment for not less than two years.
  • The person is disqualified for the period of imprisonment and a further six years.
  • Section 9: It deals with disqualification for dismissal for corruption or disloyalty, and for entering into government contracts while being a lawmaker.
  • Section 10: It deals with disqualification for failure to lodge an account of election expenses.
  • Section 11: It deals with disqualification for corrupt practices.
Defamation Judgements
  • Mahendra Ram Vs. Harnandan Prasad (1958): A letter written in Urdu was sent to the plaintiff. Therefore, he needed another person to read it to him. It was held that since the defendant knew the plaintiff does not know Urdu and he needs assistance, the act of the defendant amounted to defamation.
  • Ram Jethmalani Vs. Subramanian Swamy (2006): The High Court of Delhi held Dr. Swamy for defaming Ram Jetmalani by saying that he received money from a banned organization to protect the then Chief Minister of Tamil Nadu from the case of assassination of Rajiv Gandhi.
Source- Indian Express

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