B.1. Electoral Disqualifications

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B.1. Electoral Disqualifications

The report examined issues related to	Disqualification of candidates with criminal background, and Consequences of filing false affidavits.
Key recommendations include:	Stage for Triggering Disqualification: The Election Commission assessed various stages at which disqualification should take place and concluded that the framing of charges is the most suitable point. Conviction: Presently, disqualification occurs only after a conviction. However, this approach has failed to effectively address the criminalisation of politics, primarily due to prolonged trial durations and the rarity of convictions. To function as a true deterrent, the law must evolve. Disqualification at the stage of filing a police report is deemed inappropriate, as there is no judicial application of mind at this point. Framing of Charges: This stage reflects a reasonable degree of judicial scrutiny. Implementing disqualification from this point—while ensuring appropriate safeguards—could play a crucial role in restraining the spread of criminal elements in politics.
Safeguards at the stage of framing of charges	Certain safeguards must be included to prevent misuse of this provision and to address the concern of lack of remedy for the accused. These include: Only offences that attract a maximum punishment of five years or above should be included within the ambit of this provision. Charges filed within one year before the date of scrutiny of nominations for an election will not lead to disqualification. The disqualification will operate until acquittal by a trial court, or a period of 6 years, whichever is earlier. For charges framed against sitting MPs or MLAs, the trial must be expedited. It must be conducted on a day to day basis, and completed within 1 year. If the trial is not concluded within a one year period then the MP/MLA may be disqualified at the expiry of that period. Alternatively, the MP/MLA’s right to vote in the House as a member, remuneration and other perquisites attached to his office should be suspended at the end of 1 year. Disqualification at the stage of framing of charges must apply retroactively as well. Persons with charges pending (punishable by five years or more) at the time of this law coming into effect must be disqualified from contesting future elections. The safeguards for charges filed within one year of the date of scrutiny of nomination papers would apply.
False affidavits as grounds for disqualification	On the issue of filing of a false affidavit, the Representation of the People Act 1951 must be amended to reflect the following: Conviction on the charge of filing of a false affidavit must be grounds for disqualification. Punishment to be enhanced, from a maximum of six months imprisonment, to a minimum of two years imprisonment. Filing of a false affidavit should qualify as a ‘corrupt practice’ under the Act.