why in news ?
- The law on Criminal Defamation needs Review as every elected political person faces danger of being put out of the electoral process for years.
For mains: Qualification of members for both houses
For prelims: Article 102, Office of profit
Qualifications of Membership of Parliament:
- Must be a citizen of India.
- For Rajya Sabha, the person should not be less than 30 years of age, and for Lok Sabha,
- the person should not be less than 25 years of age.
- Must possess any other qualification which may be required by or under any law madeby Parliament. This refers to additional qualifications under the Representation of the People Act of 1951.
Article 102(1) of the Constitution of India prescribes for disqualification for being, member of either House of Parliament upon following conditions:
- If he holds any office of profit under the Government of India or the Government of any
State, other than an office declared by Parliament by law not to disqualify its holder; - If he is of unsound mind and stands so declared by a competent court; if he is an
undischarged insolvent; - If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
or is under any acknowledgement of allegiance or adherence to a foreign State; - If he is so disqualified by or under any law made by Parliament.
Article 102 (2) states that a person shall be disqualified for being a member of either House of Parliament if s/he is so disqualified under the 10th Schedule.
- If an elected member voluntarily gives up his membership of a political party.
- If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.
- If any independently elected member joins any political party.
- If any nominated member joins any political party after the expiry of six months.
- Section 8(1) of the Representation of the People Act, 1951, includes specific offences such as promoting enmity between two groups, bribery, and undue influence.
- Section 8(2) of the Representation of People Act, 1951, lists the offences that deal with hoarding, adulteration of food or drugs, and an offence under the provisions of the Dowry Prohibition Act, 1961.
- Section 8(3) of the 1951 Representation of the People Act disqualifies a convicted person who has been sentenced to imprisonment for not less than two years. The person is disqualified from the date of the conviction until his release from that conviction.
- Section 9 of the Representation of the People Act defines disqualification for dismissal for corruption or disloyalty.
- Section 10 of Representation of People Act,1951 defines about disqualification of office under Government company.
- Is found guilty of certain election offences or corrupt practices in the elections. Has failed to lodge an account of his/her election expenses within the time.
Office of Profit
This case also evolved certain tests for determining whether the office is under the government:
- Whether the government makes the appointment;
- Whether the government has the right to remove or dismiss the office-holder;
- Whether the government pays remuneration;
- Whether the office-holder performs functions for the government;
- Whether the government controls the duties and functions of the office-holder.
- Guru Gobend Base US Sankai Prasad Ghosal
- Whether a legislator is subject to any of the disqualifications the final authority to decide rests with the President (in case of members of Parliament) and the Governor (in case of members of State legislature).
- However, the President or Governor shall act according to the advice of the Election Commission of India.
- In case of any enquiry, the Election Commission is conferred the powers of a civil court for summoning and enforcing the attendance of any person or any evidence.