Section 151A of The Representation of The People Act, 1951

Present issue

  • Experts have written to the President questioning the rationale behind holding by-elections close to general elections. President Ram Nath Kovind has been requested to withdraw notification of the by-election.
  • They have questioned EC’s move as the announcement of by-elections to parliamentary constituencies were only in Karnataka while there are vacant constituencies in Andhra Pradesh too.

Section 151A of RPA

  • It mandates the Election Commission to fill the casual vacancies in the Houses of Parliament and State Legislatures through bye elections within six months from the date of occurrence of the vacancy, provided that the remainder of the term of a member in relation to a vacancy is one year or more.

EC on the present issue

  • By-elections are required to be held under Section 151A of RP Act within six months from the date of occurrence of the vacancy.
  • Vacancies in Karnataka occurred more than a year before the expiry of the term of the house.
  • In case of vacancies in Andhra Pradesh, there is no need to hold by-elections as the remaining term of Lok Sabha is less than one year.

Section 123 of The Representation of the People Act, 1951

  • Section 123 of the Representation of the People Act talks about “corrupt electoral practices.
  • It states that the consequences of being found guilty of engaging in any sort of corrupt electoral practice are severe – they could range from imprisonment to having the election declared void.
  • The recent judgement by the Supreme Court has stated that religion is a private relationship between man and his God. The apex court has further held that an appeal for votes during elections on the basis of religion, caste, race, community or language, even that of the electorate, will amount to a ‘corrupt practice’ and call for disqualification of the candidate.
  • Section 123 promotes secularism in the country, which is one of the key features mentioned in the Fundamental right.
  • Further it helps in making elections free from religious and cultural influences and propagandas.
  • This law will prevent candidates from creating religious divides among the electorates as it is outlawed.

Lily Thomas case and automatic disqualification

  • Supreme Court in Lily Thomas case struck down the Section 8(4) of RPA 1951 as unconstitutional.
  • Protection to convicted lawmakers was provided under Section 8(4) of Representation of People’s Act 1951, which provided that those who convicted with imprisonment shall not be immediately disqualified and allowed a three-month period for filing appeal to the higher court and to get a stay of the conviction and sentence.
  • Court found that it unconstitutional that convicted persons could be disqualified from contesting elections but could continue to be Members of Parliament and State Legislatures once elected under Section 8(4).
  • Parliament under Articles 102(1)(e) and 191(1)(e) of the Constitution cannot make different laws a person disqualified to fight election and for a convicted member to continue as MP/MLA.
  • Articles 102(1)(e) and 191(1)(e) of the Constitution allow parliament to make laws for disqualification and not protection and preservation of membership of the house.
  • Judicial delay would lead to members completing his term thus defeating the purpose of any such law.
  • Retaining convicted members would erode sanctity that is attached with law making. Allowing convicted members in Parliament/Legislative Assembly will not be a good example for upcoming young leaders.

Location: Thiruvananthapuram, Kerala, India

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