Karnataka Member of the Legislative Assembly (MLA) Disqualified After Conviction | Current Affairs | Vision IAS
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    Karnataka Member of the Legislative Assembly (MLA) Disqualified After Conviction

    Posted 09 May 2025

    2 min read

    A Karnataka MLA was disqualified after being convicted by a CBI court in an illegal mining case, leading to a vacancy in the constituency.

    • The disqualification was made under Article 191 of the Constitution and Section 8 of the Representation of the People Act (RPA) 1951. 

    Disqualification of a Sitting Lawmaker

    • Constitutional Provisions: Articles 102 and 191 of the Constitution spell out the following conditions, owing to which a Member of Parliament (MP) or an MLA (respectively) can be disqualified 
      • Holding Office of Profit
      • Person of unsound mind (stands so declared by a competent court)
      • An undischarged insolvent
      • Not a citizen of India or has voluntarily acquired the citizenship of a foreign State
      • Defection
      • Disqualified by or under any law made by Parliament
    • Statutory Provision: Under the RPA 1951, a lawmaker is disqualified for
      • Conviction for two years or more in crimes like bribery, rape, promoting enmity, or untouchability (Section 8).
      • Involvement in corrupt practices
      • Dismissal from government for corruption/disloyalty
      • Having a contract with the government
      • Holding a key position in a company with 25% or more government ownership 
      • Failure to report election expenses
    • Duration of Disqualification for convicted lawmakers: Under Section 8 (3) of the RPA, 1951, a lawmaker is disqualified for the period of imprisonment and a further six years if convicted and sentenced to imprisonment for two years or more.
      • In the 2013 Lily Thomas v Union of India judgment, the Supreme Court ruled that a lawmaker is immediately disqualified from attracting such a conviction.
    • Tags :
    • RPA 1951
    • Article 191
    • Articles 102
    • Lily Thomas v Union of India
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