Thread by @CseWhy

Disqualification of MPs/MLAs in India😲

- RPA 1951
- 10th schedule
- u/A 102 and 191

Find detailed provisions that you need to know for #UPSC in this🧵

Like❤️this tweet to revise later📚 (1/9)

Disqualification is prescribed in 3 situations:

1. 10th schedule for defection
2. u/A 102(1) for MPs & 191(1) for MLAs
3. u/ Representation of The People Act (RPA) 1951

Let's decode these one by one👇🏼(2/9)

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1. 10th schedule👋🏼

- Added by 52nd Amendment Act [not defection if 1/3 leave]
- Amended in 91st Amendment [not defection if 2/3 leave]
- Speaker/Chair of house decides on the defection
- Above decision u/ Judicial review of SC (3/9)

2. u/A 102(1) and 191(1) [On 4 grounds]📜

- Insolvent
- Unsound mind
- Invalid Citizenship
- Holding office of profit (4/9)

3. RPA 1951 [Detailed disqualification here]📄

Four sections:
- Section 11
- Section 10
- Section 9
- Section 8 (5/9)

Disqualified🚫 u/ Section for:

- 11: Corrupt practices
- 10: Not lodging accounts of election expenses
- 9: Corruption/disloyalty or entering govt contracts
- 8: Conviction of offences (in detail in next tweet👇🏼) (6/9)

1. 8(1): Promoting enmity, bribery, undue influence at an election
(Azam Khan disqualified u/ this section)

2. 8(2): Hoarding or profiteering, adulteration of food or drugs or Dowry Prohibition offences (7/9)

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3. 8(3): One convicted for >2 years? disqualified from date of conviction and will remain disqualified for 6 years since release

4. 8(4): Disqualification in effect only after 3 months from date of conviction (section struck down by SC in Lily Thomas case 2013) (8/9)

Find this entire thread in one place on my blog👇🏼(9/9)

csewhy.substack.com/p/101-disquali…