UPSC Mains 2019 GS Paper 2 Q11: model answer
On what grounds a people’s representative can be disqualified under the Representation of Peoples Act, 1951? Also mention the remedies available to such person against his disqualification.
What the question wants
State the grounds for disqualifying an elected representative under the RP Act, 1951, and the remedies against disqualification.
How to structure it
On what grounds ... remedies: two parts, both factual.
- Constitutional base
- Grounds under the Act
- Key cases
- Remedies
How to think it through
This is a factual question; precision wins. Lay out Sections 8 to 11 in order. For remedies, the best example is real: Rahul Gandhi in 2023, disqualified on conviction and restored when the conviction was stayed.
Model answer
In March 2023 a Member of Parliament was disqualified a day after a two-year sentence for defamation; in August the Supreme Court stayed his conviction and his membership was restored. The episode showed both the grounds and the remedy at work.
Constitutional base
Articles 102 and 191 provide for disqualification as prescribed by Parliament; the RP Act, 1951 fills this in.
Grounds under the RP Act
- Section 8(1): conviction for listed offences (promoting enmity, bribery, rape, untouchability, terrorism, UAPA and others), whatever the sentence.
- Section 8(2): conviction under laws on hoarding, profiteering, food adulteration, dowry and similar, with six months' imprisonment or more.
- Section 8(3): any conviction with two years' imprisonment or more; disqualified from conviction until six years after release.
- Section 8A: corrupt practices found by the High Court in an election petition, decided by the President on EC's advice, for up to six years.
- Section 9: dismissal for corruption or disloyalty.
- Section 9A: subsisting government contracts.
- Section 10: being a managing agent or officer of a company with a government share of 25% or more.
- Section 10A: failure to lodge election expenses, decided by the EC for three years.
Key cases
Lily Thomas (2013) struck down Section 8(4), which had protected sitting members during appeal. Lok Prahari (2018) held that a stay of conviction revives membership.
Remedies
- Appeal and stay of conviction by a higher court (Article 136 or criminal appeal); disqualification is wiped out from the date of stay.
- Section 11: the Election Commission may remove or reduce the period of disqualification.
- For Section 8A, the President's decision follows EC's opinion and can be judicially reviewed.
The law now favours probity; the remedies ensure a wrongful conviction does not end a career permanently.
Draw: A flow chart: conviction → automatic disqualification → appeal → stay → restoration.
Keywords, cases and data to drop in
Articles 102, 191, Section 8(1), 8(2), 8(3), 8A, 9, 9A, 10, 10A, 11, Lily Thomas 2013, Lok Prahari 2018, stay of conviction 2023.
Where most answers lose marks
- Mixing RP Act disqualification with the Tenth Schedule. Defection is a separate track decided by the Speaker.
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Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.
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