Disqualification for Government contracts, etc
Section 9A of the Representation of the People Act, 1951 deals with disqualification for Government contracts, etc. A person shall be disqualified if, and for so long as, 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. The Act came into force on 17 Jul 1951.
A person shall be disqualified if, and for so long as, 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.
Explanation.—For the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate Government, the contract shall be deemed not to subsist by reason only of the fact that the Government has not performed its part of the contract either wholly or in part.
Section 9A, The Representation of the People Act, 1951 (Act 43 of 1951).
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 for government contracts - Core provision at issue. Court interpreted that disqualification is triggered by entry into contract (supervening disqualification) and continues as long as contract subsists or even after completion if declared during subsistence. The Explanation clause clarifies that full performance by the person does not make contract cease to subsist if government has not performed
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.
Questions about Section 9A
What have the courts held on Section 9A 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 for government contracts - Core provision at issue. Court interpreted that disqualification is triggered by entry into contract (supervening disqualification) and continues as long as contract subsists or even after completion if declared during subsistence. The Explanation clause clarifies that full performance by the person does not make contract cease to subsist if government has not performed.
How do I find court cases under Section 9A 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 9A, section 9A RP Act 1951, section 9A of the Representation of the People Act. People searching for it also type section 9a representation of the people act 1983. 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).
When did Section 9A of the Representation of the People Act come into force?
Section 9A of the Representation of the People Act, cited as RP Act 1951 9A, 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.