Author: Priyanka Vijay Pawar, Dr Babasaheb Ambedkar Memorial College of Law, Dhule
To the Point
In India we How excepted and followed the term of Republic nation and thus India known as Republic country since 26th January 1950, this date was marked as the milestone To borrowed various term to build the nation as democratic and Republic. Here in our country election happens every after 5 years to elect our representative in the respected manner. If the members get elected by people and somehow they further make some negligence during they are member of any house then this kind of members are result to t Disqualification about their behaviour, negligence and so on. In our Indian constitution, the makers have mentioned the articles by which the members who found doing negligence or unable to occupy position as member of either house, those members can be disqualified with the majority in the parliament or in any state legislature.
Abstract:-
In this article. We will discuss about. The term, how the members Can be disqualified? if they are unable for holding the position in the House for respec manner. The representative of the people Act 1951, in this act they have mentioned that how representative ( if they found negligent) get disqualified for the deed they made. There are some conditions given on what basis representatives are no longer to hold their office or the position in either house. The constitution of India made people aware about the importance of it by showing and define each article which can be easily come to know this article is showing people how they can bb easily come to know. This article showing people, how they can be aware about their representative they have elected and made them their leader to represent their constituency, and if they found as negligent elsewhere the constitution and the said act is there to unveil their face
Use of legal jargon
The representative of the people act 1951, wherein they define due to some circumstances the representatives can be unoccupied from the leadership and in the same manner under the Indian constitution in articles 102 (1) and 102 (2) they mention the sentences if the representative found in such circumstances and doesn’t get fit as per the terms, then such representative can be disqualified respectively. When a person is elected and still holding any other office of profit or such person (leader ) found as insolvent or the person is not with his sound mind then this will amount to disqualification of that such representative
The Proof:-
as discussed in the above point the, Representative of the People act ,1951 and the articles 102(1) and 102 (2) of the Indian constitution together define how one (representative) can be disqualified. If a person is willing to hold 2 office of profit simultaneously, such person will have to leave one of the offices he held for benefit, because it is not legal to occupy 2 or more offices of profit when one is represented any such constituency for the purpose of welfare of the people and if that person is still (after giving summons) occupying more than one office and not following command of the parliament this, kind of person later will face to disqualification of his own
Article 102(1):-
who holds an office under the government and still pursuing as an representative
if one found as an unsound mind and this is declared by any competent court
if one is bankrupt or insolvent
if one is not a citizen of India
In such cases the representative can be disqualified by law made by parliament
10 schedule in the Indian constitution
Representative of people act 1951
Case Laws
Jaya Bachchan versus union of India:-
Jaya Bachchan was appointed as the chairperson of the Uttar Pradesh Film Development council and simultaneously she was a Cabinet Minister the question was raised weather she is drawing an expenditure as the chairperson or not ? because it is cleared in the constitution of India and the said Act , if one has occupied 2 office of profit at the same time then that person will have to leave other posts vacant immediately but later in the apex code it was got to know the Jaya Bachchan was not receiving any remuneration from the post of chairperson at the Uttar Pradesh Film Development council and she was enjoying only the power of cabinet minister
FAQS
what is office of profit?
Ans: When a representative is enjoying powers as minister and at the same time if she or he occupies any other position wherefrom they gain monetory or remuneration and having profit from both sides then it is called office of profit
What is Anti-Defection law ?
Ans:- This Anti Defection law is known for 10th schedule under Indian Constitution. This act is for the elected representatives which was known as 52nd amendment act, which enacted in 1985. In which they portray provision relating to disqualified members of the Parliament and State Legislature.
