Suppose a lawmaker MP MLA is convicted of practicing untouchability Which of the following would fol...........

Indian Polity Indian Parliament

Suppose a lawmaker (MP/MLA) is convicted of practicing untouchability. Which of the following would follow?

1. If He/she is only fined by the courts and not imprisoned, he/she will retain the seat in the legislature.

2. If He/she is imprisoned by the courts, he/she will lose the seat in the legislature and has to recontest in bye-polls.

Select the correct answer using codes given below

1 only

2 only

Both are correct

None is correct

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Explanation:

Under Section 8 (1), (2) of the Act if any of the lawmakers are convicted of crimes like rape; murder; practicing Untouchability or Sati; violating Foreign Exchange Regulation Act; causing enmity over religion, language or region; indulging in electoral violations, insulting Indian Constitution; importing and exporting banned goods, indulging in terrorist activities; etc. will be disqualified for a minimum period of six years. It is irrespective of whether they are fined or imprisoned.
Crimes under section 8(1) and 8(2) are related to various acts of Indian Penal Code; Protection of CivilRights Act 1955; Prevention of Corruption Act 1988; Prevention of Terrorism Act 2002, Unlawful Activities(Prevention) Act 1967, etc.
Moreover any lawmaker convicted of any other offence under section 8(3) and sentenced to imprisonment for not less than two years, he/she will be disqualified from date of conviction and further six years from the time released.
Section 8(4) of RPA, 1951 which had provisions for convicted lawmakers to hold on to their seats provided they filed an appeal in higher court within three months of their conviction against the order of lower court.
However in 2013 Lily Thomas vs. Union of India case, SC struck down section 8(4) of RPA, 1951 calling it unconstitutional.
Henceforth there is automatic disqualification (his/her seat becomes automatically becomes vacant) of any lawmakers if they are convicted under sections 8 (1), 8 (2) and 8 (3).