2019 · GS Paper 2 · Q11 · 15 marks
On what grounds a people's representative can be disqualified under the Representation of People Act, 1951? Also mention the remedies available to such person against his disqualification.
In short
The Representation of the People Act, 1951 disqualifies legislators for criminal conviction, corrupt practices, dismissal for corruption, government contracts or posts and unfiled election accounts. Remedies include an appellate stay of conviction, which lifts the bar under Lok Prahari (2018), and Election Commission relief under Section 11.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 291 words
Conviction
Conviction for listed offences (enmity, bribery, rape, terrorism, corruption) or any two-year sentence disqualifies for the sentence plus six years, from the date of conviction after Lily Thomas (2013).
Corrupt practices
The President, on the Election Commission's opinion, may bar a person for up to six years (Section 8A), as Bal Thackeray was barred in 1999 for an appeal to religion.
Public trust and accounts
Dismissal for corruption, government contracts, posts in government companies and an unfiled expense account (Umlesh Yadav, 2011) also disqualify.
Stay of conviction
Lok Prahari (2018) held that an appellate stay of conviction lifts the disqualification.
Commission relief
Section 11 lets the Commission remove or reduce a bar, as it did for P.S. Tamang in 2019.
Appeal and review
Corrupt-practice findings go to the Supreme Court within 30 days (Section 116A), and other orders face writ review.
Law Commission reform
Its 244th Report (2014) urged disqualification on framing of serious charges, with fast-track courts for legislators.
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This chapter in the exam
Salient features of the Representation of People’s Act6 questions
Asked in 6 of 14 sittings since 2013
- 2025Discuss the corrupt practices for the purpose of the Representation of the People Act, 1951. Analyze whether the increase in the assets of the legislators and/or their associates, disproportionate to their known sources of income, would constitute undue influence and consequently a corrupt practice.
- 2024Examine the need for electoral reforms as suggested by various Committees with particular reference to one nation-one election principle.
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Question from the official UPSC Civil Services (Main) Examination 2019 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.