In India, the political landscape is further layered with various legal and constitutional provisions that govern the functioning of members of the legislative assembly (MLAs). One such critical aspect is the disqualification, suspension, and the significance of the First Information Report (FIR).
Recently, the Madras High Court convicted a Tamil Nadu Minister in a disproportionate asset case, which could lead to his possible disqualification as an MLA. This incident has brought spotlight on key legal terms and provisions such as FIR, Article 191 of the Indian Constitution, and the Representation of the People Act, 1951.
Understanding Disproportionate Assets
The term ‘disproportionate assets’ is used to describe a person’s net economic assets that significantly exceed what they should possess legally. This discrepancy arises when an individual’s wealth is calculated considering their prior assets and all legitimate sources of income.
Provisions for Disqualification of a Member of the Legislative Assembly
Disqualification is governed by Article 191 of the Indian Constitution. The rules stipulate that a person can be disqualified from being a member of the State Legislature under several conditions, such as holding a government office of profit, mental instability, insolvency, non-citizenship, allegiance to another country, disqualification under Parliamentary law, and defection.
Representation of the People Act(RPA), 1951
Section 8(1) of the RPA, 1951, states that a legislator convicted under the Prevention of Corruption Act (PCA), 1988 should be disqualified for six years from the date of conviction if the punishment is a fine. However, if imprisonment is the punishment, then disqualification would last till the prison term and additional six years post-release.
Disqualification is not applied if the individual is detained under preventive detention law. Other disqualification causes include corruption, dismissal from government service, promoting enmity between groups, bribery, failing to account for election expenses, having interest in government contracts or holding profit-making positions in corporations where the government owns at least 25% shares. The final decision on disqualification rests with the Governor after seeking the Election Commission’s opinion.
Difference Between Disqualification and Suspension
Suspension differs from disqualification as it temporarily revokes a person’s membership due to misconduct or rule violation. Various rules in the Procedure and Conduct of Business in Lok Sabha and Rajya Sabha govern the conduct of the members and their suspension. Each state also has its own set of rules for MLA conduct and suspension.
UPSC Civil Services Examination
The provisions related to disqualification and suspension of legislators feature in the UPSC Civil Services Examination. For instance, a previous year question (2014) asked about the discretionary powers of a state’s Governor, including sending a report to the President for imposing President’s rule and reserving certain bills passed by the State Legislature for the President’s review.