Lok Sabha Question No. 389 (STARRED), answered on 2017-03-29
Subject: Criminals Contesting Elections
Ministry: LAW AND JUSTICE
Asked by: GOPAL CHINAYYA SHETTY

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK SABHA

## STARRED QUESTION NO. *389

## TO BE ANSWERED ON WEDNESDAY, 29 th  MARCH, 2017

## CRIMINALS CONTESTING ELECTIONS

†*389. SHRI GOPAL SHETTY:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  whether the Government proposes to take measures to exclude the dreaded criminals from contesting elections;
- (b)  if  so,  the  details  and  the  present  status  thereof  along  with  the  steps  being  taken  by  the Government in this regard;
- (c) whether the Government has received proposals from various stakeholders in this regard; and (d) if so, the details thereof and the action taken thereon?

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) to (d): A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN RESPECT OF PART (a) TO (d) OF THE LOK SABHA STARRED QUESTION NO. *389 TO BE ANSWERED ON 29 TH  MARCH, 2017

(a) to (d) : The existing laws dealing with the election matters contain sufficient safeguards and provisions for debarring and restricting the persons with criminal background and antecedents from  contesting  the  elections  for  the  Parliament  and  State  Legislatures.    Chapter-III  in  the Representation of the People Act, 1951 contemplates disqualifications on various grounds upon conviction  for  the  criminal  offences  as  also  for  other  kinds  of  acts  and  activities,  attracting disqualification from contesting elections.

As per sub-section (1) of section 8, any person convicted for the offences under the Acts specified therein  and  sentenced  to  fine  or  imprisonment  shall  be  disqualified  from  the  date  of such conviction and shall continue to be disqualified for contesting elections for a further period of six years since his release.

Similarly, as per sub-section (2) of section 8, any person convicted with an imprisonment of not less than six months for the offences specified therein shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

Further,  as  per  sub-section  (3)  of  section  8,  a  person  convicted  for  any  offence  and sentenced to imprisonment for not less than two years for offences other than those envisaged in the said section, shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

Section 8A provides for disqualification of a person for a period not exceeding six years for  corrupt  practices  in  an  election,  subject  to  fulfilment  of  certain  conditions.    Section  9 provides for disqualification of a person who, having held an office under the Government of India or under the Government of any State has been dismissed for corruption or disloyalty to the State,  for  a  period  of  five  years  from  the  date  of  such  dismissal.    Section  9A  provides  for disqualification of a person, if and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the executions of any works, undertaken by that Government.  A person shall be disqualified under section  10,  if  and  for  so  long  as,  he  is  a  managing  agent,  manager  or  secretary  of  any company  or  corporation  (other  than  a  co-operative  society)  in  the  capital  of  which  the appropriate Government has not less than twenty five per cent share.  Section 10A provides for disqualification of a person for a period of three years for failure to lodge account of election expenses within the time and in the manner prescribed, without good reason or justification for the failure.

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