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.
