Disqualification of MP & MLA

02.08.2025

Disqualification of MP & MLA

Context

A serious criminal case involving Prajwal Revanna, grandson of ex-Prime Minister H.D. Deve Gowda, has sparked legal and political debate on criminality in politics and legislator disqualification in India.

About the News

• Revanna convicted for rape and sexual assault, as per Bengaluru court ruling.
   
• Victims include domestic workers and their daughters at his residence.
   
• Strong digital and forensic evidence, including DNA and video footage.
   

Provisions Related to disqualification

• Representation of the People Act, 1951 (RPA Act): Immediate disqualification if convicted for 2+ years imprisonment.
   Applies to both MPs and MLAs without delay.
   
• Six-year ban from contesting elections after conviction.
   Further limits political participation.
   
• Article 102 of the Constitution governs disqualification of MPs.
   Mentions legal grounds including conviction.
   
• Article 191 of the Constitution applies to MLAs and MLCs.
   Follows the same principles for state legislators.
   
• Lily Thomas Case (2013) mandates instant disqualification.
   Rejected idea of waiting until appeal is heard.
   
• Lok Prahari Case addressed the continued presence of tainted lawmakers.
   The court emphasized a clean legislature as democratic necessity.

•  52nd Constitutional Amendment (1985): Related to anti-defection law.
•  91st Constitutional Amendment: Changed the requirement for merger from 1/3 to 2/3 of members to avoid disqualification under anti-defection law.

Challenges

• Delays in conviction allow criminals to contest.
   Many accused win elections before trial concludes.
   
• Political shielding blocks justice.
   High-profile leaders often evade arrest or trial.
   
• Legal loopholes protect convicted lawmakers.
   Appeals often used to delay disqualification.
   
• Public trust in democracy erodes.
   Convicted lawmakers damage legitimacy of Parliament.
   

Way Forward

• Fast-track courts for cases involving lawmakers.
   Ensure timely justice and electoral accountability.
   
• Election Commission must act proactively.
   ECI can recommend suspension upon conviction.
   
• Clear separation of executive and judicial powers.
   Reduces interference in politically sensitive trials.
   
• Awareness among voters about criminal candidates.
   Public campaigns can pressure parties to deny tickets.
   

Conclusion

The case of Prajwal Revanna reopens a crucial debate on criminalisation of politics, demanding urgent reforms in disqualification laws to ensure that only clean and ethical individuals represent the people.