Disqualification of Convicted Representatives of the Electorate and the Legality of the Vote Cast

Parv Gupta
Advocate at Supreme Court of India

Volume II – Issue II, 2020

The author aims to cover Section 8(3)[1] of the Representation of People Act, 1951 and the significance of date and time when a person is convicted by the Court. In light of principles of interpretations evolved over a period of time, doctrine of relation back, judicial and non-judicial act, various judicial pronouncements by the foreign Courts as well as the Indian Courts, the author intends to delve into the cardinal principles of constitutional law and the criminal law to delineate the legality of the voting rights of a Member of Parliament and State Legislature after its conviction by the Court of Law.


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