'There is a need to shift the focus of Section 8 of the Representation of People Act, 1951 from the duration of the sentence to the gravity of the offence.' Comment on how the current classification under Section 8 leads to arbitrary categorisation of offences. Also, mention the remedies available to a person disqualified under this section.

Current classification

1. S8 outlines some heinous and serious offences (e.g. rape, sati etc) for which the MP/MLA will be disqualified for contesting polls for the duration of sentence + 6 yrs post the sentence.
2. For other offences with a punishment of fine or sentence < 2yr, the candidates will be disqualified only for the duration of the sentence.
3. However, no objective classification exists and often subjectivity is misused to get a less harsh sentence & escape disqualification.

Reform

① new categorisation based on escalation matrix to penalise candidates based on gravity of their offence rather than sentence of punishment

Remedies

① Disqualified candidates can approach higher judiciary and make an appeal. ② Lakshadweep MP was accused under S(8), appealed and got it overturned ② ECI also reserves right to stay the order of disqualification