Polity & Governance GS 2 In the news 7 times

Representation of the People Act, 1951

Disqualification on Conviction

Under Section 8 of the Representation of the People Act, 1951, a person convicted of specified offences and sentenced to imprisonment of two years or more is disqualified from contesting elections and from holding a seat in a legislature. This existing framework links disqualification to judicial conviction, not to arrest or detention.

Key details

Disqualification under Section 8 attaches upon conviction, not arrest.
The landmark Supreme Court ruling in Lily Thomas v. Union of India (2013) held that the protection under Section 8(4) — which allowed sitting legislators to remain in office pending appeal — was unconstitutional.
The 130th Amendment Bill represents a structural departure from this framework: it proposes removal upon detention (pre-trial), not upon conviction.

In the news

● Tracked since March 10, 2026 · last seen July 01, 2026 · updates as the daily brief publishes

01 Jul '26

Constitution (130th Amendment) Bill, 2025: Removal of PM and CMs upon Detention

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15 Apr '26

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