Which reference to section 123 3 of the Representation of the People Act which was recently in news ...........

Constitutional Law Electoral System

Which reference to section 123(3) of the Representation of the People Act, which was recently in news, which of the following statement is/are correct:

1. The Constitution of India which empowers Parliament of India to make laws regarding disqualification of MP and MLA also mentions that on disqualification of an MP or an MLA, the seat becomes vacant immediately.

2. Section 123(3) of the Act defines ‘corrupt practice’ as appeals made by a candidate or his agents to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language.

Select the correct option from the codes given below:

2 only

1 only

1 and 2 both

None of the above.

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Explanation:

Let’s break it down:

- Statement 1: The Constitution does let Parliament make laws about disqualifying MPs and MLAs (see Article 102 & 191). But, the Constitution itself doesn’t say a seat becomes vacant “immediately” on disqualification. That happens by law, not by a direct line in the Constitution.

- Statement 2: Section 123(3) of the Representation of the People Act actually does define “corrupt practice” as appealing for votes (or asking people not to vote) on grounds like religion, caste, language, etc. This is spot on and was in the news because of court debates on election speeches.

Here’s the key:

- Only Statement 2 is right.

Option: 1, 2 only

- Option 1 is correct—statement 2 only is correct; statement 1 misunderstands what the Constitution says directly.

- Options 2, 3, 4 are wrong for reasons above.

Nice work spotting the right one.