Q.2. Delineate the grounds of disqualification under The Representation of the People Act, 1951. Also, discuss the remedial measures available to the disqualified representatives. (15 Marks)

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2 responses to “Q.2. Delineate the grounds of disqualification under The Representation of the People Act, 1951. Also, discuss the remedial measures available to the disqualified representatives. (15 Marks)”

1. 

   October 22, 2022

   Alankrit Srivastava

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   Staff @CD

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   1. 

      October 30, 2022

      Staff @CD

      Alankrit

      Good attempt.
      Introduction is fine. Next part of the answer is also good. Most points are covered. However, a candidate can be disqualified at both stages- before being chosen and after being chosen. 2 years conviction and the impending disqualification applies after being chosen too, you can mention this as well as the Lily Thomas case where the SC gave this verdict.
      Also, there are some other criminal grounds on which the person can be disqualified – doing acts prejudicial to maintenance of harmony, offense of undue influence, any offense relating to rape or offense of cruelty towards a woman, offense of making statement creating or promoting enmity and hatred, ill-will between classes or offense relating to such statements in any place of religious importance, importing and exporting of prohibited goods, being a member of an unlawful association (Sections 10-12 of Unlawful Activities (Prevention) Act, 1967), Violation of The Narcotics Drugs and Psychotropic Substances Act, 1985.
      Some of these could be mentioned in brief.
      Broadly you can divide the answer into parts- disqualification based on- criminal grounds; corruption grounds; contractual grounds and expense-reporting failure.
      Remedies and conclusion part is fine.
      Keep practicing. 🙂

      7.5/15