Question 1 · 10 marks · 73 words written
There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951. Discuss. (Answer in 150 words) 10 marks.
Opening
Section 8 of Representation of People Act, 1951 deals with disqualification provisions. Article 103 deals with the power of Election Commission to advise President on disqualification.
Body · points and prose
This ambiguity have resulted in cases like Tamang case - where ECI exercised its discretionary power in a doubtful manner.
Close
Supreme court has tried to reduce the ambiguity in several cases. Eg) Lily Thomas case - striking down section 8(4) - preventing disqualification in case of appeal.