Democracy on Trial: A Case of Temporary Disqualification of People’s Representatives under Section 8B of the Representation of the People Act,

Gargi Bindal examines the escalating criminalisation of Indian politics, spotlighted by a 2024 Association for Democratic Reforms report revealing that 46% of Lok Sabha members face criminal charges, with 31% accused of serious offences like murder and rape. The study evaluates the proposed Section 8B of the Representation of the People Act, 1951, which advocates disqualifying candidates upon framing of charges for serious crimes, as recommended by the 244th Law Commission Report (2014). Analysing judicial precedents such as Public Interest Foundation v. Union of India, the paper critiques the inadequacy of current disqualification laws reliant on convictions, hindered by judicial delays and low conviction rates. It addresses parliamentary concerns about Section 8B, such as premature disqualification and potential misuse, arguing that safeguards like a one-year charge cut-off and expedited trials ensure fairness. Comparing jurisdictions like Egypt, the Philippines, and Germany, the article further highlights stricter global disqualification norms. Finally, it advocates for Section 8B’s enactment, voter sensitization, party penalties, and special courts to expedite trials, urging coordinated action among stakeholders to protect India’s electoral integrity and democratic principles.

CALJ Volume IX Issue II_Bindal.pdf

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