Thread by @umedpratapsingh

In polity, anti-defection has been asked twice (2014 & 2022) in last 12 years in #UPSCPrelims.

This year as well there has been a lot of news regarding disqualification of legislators.

So let us understand what is disqualification and articles related to it.

A thread 🧵 👇

Art 102 - Disqualification in parliament
Art 191 - Disqualification in state legislature

Disqualification can happen in 3 scenarios
1) As per constitution
2) As per RPA act, 1951
3) As per anti-defection law, 1985

Let us look at each scenario 👇

1) As per constitution, disqualification can happen if
a) occupies office of profit
b) is of unsound mind
c) is undischarged insolvent
d) ceases to be a citizen

2) As per RP act, 1951 disqualification can happen if
a) found guilty of election offences
b) found guilty of corrupt practices
c) imprisoned for more than 2 years
d) failed to lodge election expenses
e) found supporting social crimes, etc

3) As per anti-defection law, disqualification happens if
a) Voluntarily resigns
b) Goes against 3 line whip
c) Independent member joins political party
d) Nominated member joins political party after 6 months

For scenario 1 and 2, disqualification is decided by president on advice of election commission.

For scenario 3, disqualification is decided by speaker.

Disqualification is subject to judicial review.

Cases relevant to disqualification:

1) Kihoto Hollohan case (1993) : Disqualification came under the preview of judicial review
2) Lily Thomas case (2013): Automatic disqualification if convicted for more than 2 years

#UPSCPrelims2023