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Kush Motwani AIR - 11 Q. 30 min

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Article 102 and 191 of the constitution deal with disqualification of MPs MLAs from legislatures. Recently, EMP disqualified for an MP on the basis of Section 8(3) of RPA 1951. In this context: Disqualification grounds: - Constitutional Statutory - Article 102(1), Section 8(1), (2), 8(1) - Unconstitutional and involved - Disqualification if convicted of offence - Other laws of India Chapter 8 Approach ambiguity in Section 8 / RPA 1951: 1. Section 8(1) and 8(1) provide for disqualification - if convicted of traitor offences. 2. Section 8(2): automatic disqualification if sentence is greater than years, (two years) 3. Involving: POCO section 8(3) cover wider section 8(1) and 8(2)? If over a loophole is incriminated 4. Similar sale loophole was explained by comcests - Section 8(4), but if it was sheer drain by SC in [Lily Thomas case].

2. Section 8(3): automatic disqualification if sentence is greater than years, (two years) 3. Involving: POCO section 8(3) cover wider section 8(1) and 8(2)? If over a loophole is incriminated Need to resolve the ambiguity: 1. To uphold principle of transparency in electoral laws & so lead voters may choose wherever base 2. De-criminalization of nashes. 3. If section 8(3) cover also half override [8(1) and 8(2)] if way gave a loophole to criminalised candidates 4. (Similar sale loophole was explained by comcests - Section 8(4), but if it was sheer drain by SC in [Lily Thomas case]) Way forward: 1. CCP clarity over ruling provision of Section 8(2) 2. Harmer limit towards de-criminalization of nashes → relevant implementation of Section 12(3) (Arbitrary case [Bribery and soliciting rules are prewarned of you, case, religion, etc.)

Constitutionalism is the soul of democracy. During, the fundamental difference between constitution and constitutionalism is that whereas on one hand, constitutionalism is the concept of testing the powers of the STATE, constitution is merely the means of doing so.

How constitution is merely [[scale-ism]]: writer directed → FIXED (LS, RS, INDE GOVT, etc.) 2. Defines rights of others and duties of state. 3. Defines rights of citizens' 'might be information', assess their representatives 4. Violates citizens' 'might be information', assess their representatives

— Kush Motwani · AIR 11