The Curious case of the disqualification of a politician

The Kerala High Court's decision to suspend the verdict of the Kavaratti District and Sessions Court in which sitting MP P.P. Mohammed Faizal was convicted and sentenced to 10 years in prison for attempted murder has raised questions on whether disqualification for conviction is final or revocable.

20 Feb 2023

Context:

The Kerala High Court’s decision to suspend the verdict of the Kavaratti District and Sessions Court in which sitting MP P.P. Mohammed Faizal was convicted and sentenced to 10 years in prison for attempted murder has raised questions on whether disqualification for conviction is final or revocable. 

Provisions for disqualification:

  • Article 102 of the Constitution:
    • It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions. 
    • These include holding an office of profit, being of unsound mind or insolvent, or not being a citizen of India. 
    • It also authorizes Parliament to make law determining conditions of disqualifications. There are analogous provisions for members of state legislatures.
  • The Representation of the People Act, 1951:
    • The Representation of the People Act, 1951 provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more. 
    • The person is disqualified for the period of imprisonment and a further six years. 
    • There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided.

The Differential treatment of candidates: 

  • There is an exception for sitting members, which was challenged under Article 14 (right to equality). 
  • In 2005 (K. Prabhakaran vs P. Jayarajan), a Constitution Bench of the Supreme Court decided that the consequences of disqualifying a contestant and a sitting member were different. 
  • In 2013, a two-judge Bench of the Supreme Court considered whether this exception was constitutionally invalid (Lily Thomas vs Union of India). 
  • It stated that Article 102 empowers Parliament to make law regarding disqualification of a person “for being chosen as, and for being, a member of either House of Parliament” and interpreted this phrase to mean that whereas Parliament could specify conditions for disqualification, those conditions would apply equally to candidates and sitting members. 
    • Therefore, the exception carved out for sitting members was unconstitutional.

News Source: The Hindu

Archive Calendar

Mon Tue Wed Thu Fri Sat Sun
 123
45678910
11121314151617
18192021222324
25262728293031

Need help preparing for UPSC or State PSCs?

Connect with our experts to get free counselling & start preparing

Know about Physics Wallah

Physics Wallah is an Indian online education platform, that provides accessible & comprehensive learning experiences to students of classes 6 to 12 and those preparing for JEE and NEET exams. We also provide extensive NCERT solutions, sample papers, NEET, JEE Mains, BITSAT previous year papers, which makes us a one-stop solution for all resources. Physics Wallah also caters to over 3.5 million registered students and over 78 lakh+ Youtube subscribers with 4.8 rating on its app.

We Stand Out because

We successfully provide students with intensive courses by India's qualified & experienced faculties. PW strives to make the learning experience comprehensive and accessible for students of all sections of society. We believe in empowering every single student who couldn't dream of a good career in engineering and medical field earlier.

Our Key Focus Areas

Physics Wallah’s main focus is to create accessible learning experiences for students all over India. With courses like Lakshya, Udaan, Arjuna & many others, we have been able to provide a ready solution for lakhs of aspirants. From providing Chemistry, Maths, Physics formulae to giving e-books of eminent authors, PW aims to provide reliable solutions for student prep.

What Makes Us Different

Physics Wallah strives to develop a comprehensive pedagogical structure for students, where they get a state-of-the-art learning experience with study material and resources. Apart from catering students preparing for JEE Mains and NEET, PW also provides study material for each state board like Uttar Pradesh, Bihar, and others.

Aiming for UPSC?

Download Our App

# #
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">






    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.