1. Section 8(1) provides for disqualification on conviction for certain offences

A person convicted of an offence punishable under the following crimes will be disqualified:

a. Crimes under Indian Penal Code 1860: Disqualification under this provision pertains to various sections and subsections of the IPC. These include:

i. Section 153A i.e. the offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony; or

ii. Section 171E i.e. offence of bribery or

iii. Section 171F i.e. offence of undue influence or personation at an election or

iv. Section 376(1) or (2) or Section 376A or Section 376B or Section 376C or Section 376D which include provisions related to to rape; or

v. Section 498A i.e. offence of cruelty towards a woman by husband or relative of a husband or

vi. Section 505(2) or (3) i.e. offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code;

b. Protection of Civil Rights Act 1955, which provides for punishment for the preaching and practice of "untouchability", and for the enforcement of any disability arising there from;

c. Section 11 of the Customs Act, 1962 which relates to the offence of importing or exporting prohibited goods.

d. Sections 10 to 12 of the Unlawful Activities (Prevention) Act, 1967. This offence relates to being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place.

e. Foreign Exchange (Regulation) Act, 1973 related to dealings in foreign exchange, import and export of currency, etc.;

f. Narcotic Drugs and Psychotropic Substances Act, 1985 related to produce/manufacture/ cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.

g. Section 3 (offence of committing terrorist acts) or Section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987;

h. Section 7 of the Religious Institutions (Prevention of Misuse) Act, 1988;

i. Offences under various sections of the RPA, 1951: Section 125 (offence of promoting enmity between classes in connection with the election) or Section 135 (offence of removal of ballot papers from polling stations) or Section 135A (offence of booth capturing) Section 136(2)(a) (offence of fraudulently defacing or fraudulently destroying any nomination paper) of RPA, 1951;

j. Section 6 of the Places of Worship (Special Provisions) Act, 1991; which relates to the conversion of a place of worship.

k. Section 2 or Section 3 of the Prevention of Insults to National Honour Act, 1971; that relate to the offence of insulting the Indian National Flag or the Constitution of India and that of preventing singing of National Anthem respectively.

l. Commission of Sati (Prevention) Act, 1987;

m. Prevention of Corruption Act, 1988;

n. Prevention of Terrorism Act, 2002

The period of disqualification under the above offences will be six years from the date of such conviction if sentenced to only fine, and six years from release in case of an imprisonment.

2. Under Section 8(2), a person convicted for the contravention of any law regarding prevention of hoarding or profiteering, adulteration of food or drugs or Dowry Prohibition Act, 1961 and sentenced to imprisonment for not less than 6 months.

3. Under Section 8(3), a person convicted of any offence (other than any offence mentioned in Section 8(1) or Section 8(2)) and sentenced to imprisonment for not less than two years will be disqualified from the date of such conviction and will continue to be disqualified for a further period of six years since his release.

4. Section 8(4)*: It makes exception for sitting MPs and MLAs. Unlike ordinary candidates, they will not be disqualified with immediate effect. They will be disqualified only after 3 months from the date of conviction. If they appeal against the decision within 3 months, they will not be disqualified till the court disposes the appeal.

*Lily Thomas Case: The Supreme Court held Section 8(4) as being ultra vires of the constitution. The Court held that section 8(4) is ‘beyond the powers conferred on Parliament by the Constitution’.

Under Article 102(1), a person shall be disqualified from being chosen as, and for being, a member of either House of Parliament, if he is so disqualified by or under any law made by Parliament. Article 191 makes a similar provision with regard to membership

of the State Legislative Assemblies or councils. As these Articles make no distinction between being “chosen as” and “for being” a member, the court had no difficulty in concluding that Parliament had no power to make a law to undo these express provisions of the Constitution.

The court, however, clarified that a person—whether a member or a non-member— will not suffer disqualification if he obtains a stay of his or her conviction, and not just sentence.

5. Section 8A provides for disqualification on ground of corrupt practices i.e. a person guilty of certain corrupt practices specified in Section 123 of RPA, 1951 shall stand disqualified. Such disqualification is subjected to the condition that the charges are established through an election petition before the High Court and presented to the President as a High Court Order. Further, the President will decide upon the disqualification and the duration of such disqualification after obtaining an opinion from the Election Commission.

6. Section 9 provides that a person who having held an office under the Government of India or under the Government of any State in the past and has been dismissed for corruption or for disloyalty to the State will be disqualified for a period of five years from the date of such dismissal.

7. Section 9A provides for disqualification for government contracts, etc i.e. person shall be disqualified if 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 execution of any works undertaken by that Government.

8. Section 10 provides for disqualification for office under government company i.e.A person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a cooperative society) in the capital of which the appropriate government has not less than twenty-five per cent share.

9. Section 10A: Disqualification for failure to lodge account of election expenses.

However, it is mentioned in Section 11 of RPA, 1951 that Election Commission may remove any of the above disqualification except under Section 8A or reduce the period of any such disqualification.