Disqualification on ground of corrupt practices
Section 8A of the Representation of the People Act, 1951 deals with disqualification on ground of corrupt practices. The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, [as soon as may be within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determi The Act came into force on 17 Jul 1951.
1[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, 2[as soon as may be within a period of three months from the date such order takes effect], by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period:
Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect.
(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period.
(3) Before giving his decision on any question mentioned in sub-section (1) or on any petition submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]
Section 8A, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Election Commission of India vs Bajrang Bahadur Singh
Court's Decision & Legal Precedent
Section 9A of the Representation of the People Act, 1951, applies to supervening disqualifications (those acquired after election) and operates to render a legislator's seat automatically vacant by operation of Article 190(3) from the moment the legislator enters into a contract with the government for supply of goods or execution of works. The disqualification is not contingent on completion or non-completion of the contract, nor is it affected by subsequent completion of contractual obligations. The disqualifying event is the mere entry into such a contract by a person already serving as a legislator. Once incurred, the disqualification operates to vacate the seat immediately, even though the period of disqualification itself may be limited to the subsistence of the contract. A legislator who becomes disqualified cannot resume office without being re-elected, though upon cessation of the disqualifying event, he becomes eligible to contest fresh elections. The Governor's declaration under Article 192 is purely declaratory in nature, determining whether the factual event occurred; the legal consequence of seat vacation flows from the Constitution itself, not from the Governor's declaration.
On this section: Disqualification on ground of corrupt practices
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 8A
What have the courts held on Section 8A of the Representation of the People Act?
Election Commission of India vs Bajrang Bahadur Singh (09 Apr 2015) is the leading judgment on this section among those set out below: Disqualification on ground of corrupt practices.
How do I find court cases under Section 8A of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 8A, section 8A RP Act 1951, section 8A of the Representation of the People Act. People searching for it also type section 8a of the representation of the people act 1950. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Election Commission of India vs Bajrang Bahadur Singh (09 Apr 2015).
What should I read with Section 8A of the Representation of the People Act, and has it changed?
Its own text turns on section 99 (Other orders to be made by the High Court), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Conduct of Assembly Elections (Sikkim) Rules, 1979 (1979).
When did Section 8A of the Representation of the People Act come into force?
Section 8A of the Representation of the People Act, cited as RP Act 1951 8A, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.