Section 8A of The Representation of the People Act, 1951
Disqualification on ground of corrupt practices.
1[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, 2[as soon as may be within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period: Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect.
- (2)Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period.
- (3)Before giving his decision on any question mentioned in sub-section (1) or on any petition submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]
Summary
- Cases of people found guilty of corrupt practices are submitted to the President of India to decide on disqualification.
- The President determines if the person should be disqualified and, if so, for how long.
- The maximum period for this disqualification is six years from the date the guilty order takes effect.
- The President must obtain and follow the opinion of the Election Commission before making a decision.
Practical examples
FAQ
1. Who has the final authority to decide disqualification for corrupt practices under Section 8A of the Representation of the People Act, 1951?
Section 8A of the Representation of the People Act, 1951, states the President of India makes the final determination, but must act according to the opinion of the Election Commission.
2. What is the maximum period of disqualification under Section 8A of the Representation of the People Act, 1951?
According to Section 8A of the Representation of the People Act, 1951, the disqualification period cannot exceed six years from the date the original order finding the person guilty takes effect.
3. How soon must a case of corrupt practice be submitted to the President under the Representation of the People Act, 1951?
Section 8A of the Representation of the People Act, 1951, requires the specified authority to submit the case as soon as possible, within three months from the date the order takes effect.
Test yourself
1.Under Section 8A of the Representation of the People Act, 1951, whose opinion must the President obtain before deciding on a disqualification?
2.What is the time limit for submitting a case to the President under Section 8A of the Representation of the People Act, 1951?
3.Under Section 8A of the Representation of the People Act, 1951, the maximum disqualification period for a corrupt practice is:
4.If a person was already disqualified under an older version of the law, what can they do under Section 8A of the Representation of the People Act, 1951?