Representation of the People Act, 1951 | Part II, Chapter III

Section 8A: Disqualification on Ground of Corrupt Practices

Section 8A of the Representation of the People Act, 1951 provides for the determination of disqualification following a finding of corrupt practice under Section 99. It sets out the reference to the President, the maximum duration of disqualification and the binding role of the Election Commission's opinion.

Meaning and scope of Section 8A

A corrupt practice is an electoral wrong defined under Section 123 of the Representation of the People Act, 1951. Examples include bribery, undue influence and specified prohibited election-related appeals and conduct, subject to the precise statutory requirements. Section 99 concerns the High Court's findings identifying persons proved guilty of corrupt practices in an election petition.

Section 8A(1): Reference to the President

Where a person is found guilty of a corrupt practice by an order under Section 99, the authority specified by the Central Government must, as soon as may be after the order takes effect, submit the person's case to the President of India. The President determines whether the person is to be disqualified and, if so, the period of disqualification.

The proviso limits the disqualification to six years at most, calculated from the date on which the relevant Section 99 order takes effect. The finding under Section 99 therefore initiates the statutory determination; it does not itself prescribe an automatic six-year disqualification under Section 8A.

Section 8A(2): Transitional petition for removal

A person disqualified under Section 8A as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (Act 40 of 1975) may petition the President for removal of the remaining disqualification, if that period has not expired. This is a transitional provision directed at disqualifications under the earlier version of the law.

Section 8A(3): Election Commission's opinion

Before deciding a reference under sub-section (1) or a petition under sub-section (2), the President must obtain the opinion of the Election Commission and act in accordance with that opinion. The requirement is mandatory under the express wording of Section 8A(3).

How the disqualification process works

The High Court makes a finding of corrupt practice under Section 99 in an election petition.
After the order takes effect, the specified authority refers the case to the President.
The President obtains the Election Commission's opinion.
The President acts according to that opinion in deciding whether disqualification applies and for how long, subject to the six-year statutory maximum.

Related provisions and practical distinctions

Section 8 deals with disqualification on conviction for certain offences; Section 8A instead deals with a finding of corrupt practice in election proceedings. Section 123 defines corrupt practices, while Section 99 governs the naming of persons found guilty of such practices. These provisions should be read together, including applicable judicial decisions and the operative election-petition order.

Official legal sources

For the authoritative statutory text and amendments, consult India Code (Ministry of Law and Justice), Legislative Department, and the Election Commission of India. Verify the current consolidated text, relevant rules and notifications before relying on a particular disqualification period or election result.

This article explains the statutory framework and does not replace examination of the relevant court order or current official legal text.