Prelims Perspective: What needs to be learned?

• Constitutional Provision 
• Representation of the People Act, 1951
• Tenth Schedule

What needs to be known?

• Disqualification of a Member of the Legislative Assembly
  • Article 191: Grounds for disqualification from being a Member of a State Legislative Assembly (MLA) or Council (MLC):
    • Office of profit 
    • Unsound mind 
    • Undischarged insolvent.
    • Loses Indian citizenship or gives up citizenship.
    • A person is disqualified by or under any law made by Parliament.
    • Disqualification under the Tenth Schedule
  • Representation of the People Act(RPA), 1951:
    • A legislator convicted under the Prevention of Corruption Act , 1988, should be disqualified for six years.
    • The person must not have been found guilty of certain election offences or corrupt practices in the elections or fail to explain election expenses on time.
    • For promoting enmity between different groups or for the offence of bribery or for preaching and practising social crimes
    • Not be a director in a corporation in which the government has at least 25% share or any interest in government contracts.
  • Tenth Schedule (Anti-Defection Law) – Introduced by 52nd Amendment
    • Giving up membership of the political party.
    • Voting or abstaining contrary to party direction without permission.
    • An independently elected MLA joining a party after the election.
  • Deciding Authority
    • For Article 191, the Governor decides in consultation with the ECI.
    • For Tenth Schedule cases, the Speaker of the House makes the decision..
  • Associated Case: Lily Thomas v. Union of India (2013) which struck down Section 8(4) of RPA, making disqualification immediate upon conviction.

Source: The Hindu