Context:
Supreme Court (SC) is hearing petitions seeking a lifetime ban on convicted persons from contesting elections for decriminalizing politics.
Legal Provisions:
- Dealt under – Representation of the People Act, 1951 (RP Act, 1951)
- Section 8(3) – Disqualification based on sentence duration.
- If a person is convicted of a criminal offense and sentenced to 2 years or more, he/she is disqualified from contesting elections during imprisonment and for 6 years after release.
- Section 8(1) – Disqualification for specific offenses leading to immediate disqualification, irrespective of sentence duration, and for 6 years after release.
- Offenses include rape, heinous crimes, untouchability, terror, and corruption.
- Section 11 – The Election Commission (EC) can remove or shorten a convicted person’s disqualification period.
Supreme Court Judgements:
- Association for Democratic Reforms (ADR) Case, 2002 – Mandated the disclosure of criminal records of all candidates contesting elections.
- CEC vs. Jan Chaukidar Case, 2013 – SC upheld that jailed individuals lose their ‘elector’ status under Section 62(5) of the RP Act, 1951, disqualifying undertrial prisoners from contesting elections.
- However, the Parliament amended the RP Act, 1951 in 2013 to allow undertrial prisoners to contest elections.
- Lily Thomas Case, 2013 – SC struck down Section 8(4) of the RP Act, 1951, which earlier allowed convicted legislators to remain in office if they filed an appeal.
- After this judgment, a sitting MP/MLA is immediately disqualified upon conviction.
- Public Interest Foundation Case, 2018 – SC mandated political parties to publish candidates’ criminal records on their websites, social media, and newspapers.
Source: TH
Previous Year Question (PYQ)
Consider the following statements:
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her winning in all the constituencies.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2021 Prelims]
(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3
Answer: (b)