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Make People self Sustainable and Innovators

We the People

WE THE PEOPLE

English: The Bill of Rights, the first ten ame...
English: The Bill of Rights, the first ten amendments to the United States Constitution Česky: Originál Listiny práv, prvních deseti dodatků k Ústavě Spojených států amerických Deutsch: Die Bill of Rights genannten ersten zehn Zusatzartikel zur US-amerikanischen Verfassung, die den Bürgern bestimmte Grundrechte garantieren Español: La Carta de Derechos de los Estados Unidos, el término por el que se conocen las diez primeras enmiendas de la Constitución de los Estados Unidos de América (Photo credit: Wikipedia)
English: Detail of Preamble to Constitution of...
English: Detail of Preamble to Constitution of the United States Polski: Fragment preambuły Konstytucji Stanów Zjednoczonych (Photo credit: Wikipedia)
Constitution of the United States of America
Constitution of the United States of America (Photo credit: The U.S. National Archives)

Let us create New India : – We people of India and world  have right to live with dignity and meet our fundamental rights through “  right to petition “ and make government to work on people’s word or voice and requirements for better world.  This movement should lead to new ” QUIT CORRUPTION MOVEMENT ”   to make all corrupt people to open their  Eyes  and hearts  who are creating NEW EAST INDIA COMPANIES TO DESTABILIZE INDIA and Make India to collapse. 

It is first step in our society to accept or reject any politician, government order or government bureaucrats to create new clean system and government to make India  self-sufficient country and number one economy without any poverty and other problems , we people are facing from last 45 years 

The History of Petitions –  USA  ROLE MODEL

The right to petition our ( USA ) government is guaranteed in the First Amendment to our Constitution. Throughout our nation’s history, petitions have served as a way for Americans to organize around issues that matter to them, and tell their representatives in government where they stand. Petitions have played an important role in many of the changes throughout our history, from ending slavery to guaranteeing women the right to vote.

The We the People platform on White House.gov gives Americans a new way to create, share, and sign petitions that communicate your views about your government’s actions and policies.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

– The First Amendment, United States Constitution

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Indian constitution

India
India

Constitution history

The Constitution, in its current form (September 2012), consists of a preamble, 25 parts containing 463 [Note 1] articles, 12 schedules, 2 appendices[10] and 97 amendments to date (latest being related to co-operative societies added in part IX(B) in 2012).[11] Although it is federal in nature it also has a strong unitary bias.

At the time of commencement, the constitution had 395 articles in 22 parts and 8 schedules. It consists of almost 80,000 words. It took 2 Years 11 Months and 18 days to build it.

It is the longest[1] written constitution of any sovereign country in the world, containing 448 [Note 1] articles in 22 parts, 12 schedules and 97 amendments. Besides the English version, there is an official Hindi translation.

The architects of Indian constitution were most heavily influenced by the British model of parliamentary democracy. In addition, a number of principles were adopted from the Constitution of the United States of America, including the separation of powers among the major branches of government, the establishment of a supreme court. The principles adopted from Canada were Unitary government with strong center and also distribution of powers between central government and provinces along with placing residuary powers with central government.From Ireland, directive principle of state policy was adopted. From Germany the principle of suspension of fundamental rights during emergency was adopted. From Australia the principle of Concurrent list and Language of preamble was adopted. The Assembly met in sessions open to the public, for 166 days, spread over a period of 2 years, 11 months and 18 days before adopting the Constitution, the 308 members of the Assembly signed two copies of the document (one each in Hindi and English) on 24 January 1950. The original Constitution of India is hand-written with beautiful calligraphy, each page beautified and decorated by artists from Shantiniketan including Beohar Rammanohar Sinha and Nandalal Bose. Two days later, on 26 January 1950, the Constitution of India became the law of all the States and territories of India. Rs. 1,00,00,000 was official estimate of expenditure on constituent assembly. The Constitution has undergone many amendments since its enactment

How constitution is misused by Indian political systems by Amendments by taking base of constitution in 1950’s.  2013 is supposed to be modern India but where we are everybody knows.  STILL DIVISION and DIVIDED POICY, TWO LAWS POLICY.

MODERN INDIANS AND THE FUTURE YOUTH OF INDIA SHOULD CREATE ONE INDIA , ONE NATION ONE JUSTICE , ONE TRUTH , ONE OPEN VOICE , ONE DREAM , FREE AND EQUAL INDIA, ONE RELIGION – PEACE AND PROSPERITY .

EVEN THOUGH WITH DIFFERENT PATHS  THE TRUE –  HINDU, MUSLIM AND CHRISTIAN PEOPLE   HAVE RIGHT TO REJECT AND ACCEPT POLITICAL PEOPLE AND RELIGIONS RATHER THAN DICTATORSHIP, CONVERSION , FANATICISM , POLITICIZATION  ,

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Reservation :  Article 15(4)

The Constitution of India states in Article 15(4): “All citizens shall have equal opportunities of receiving education. Nothing herein contained shall preclude the State from providing special facilities for educationally backward sections (not “communities”) of the population.” [Emphasis and parentheses added.] It also states that “The State shall promote with special care the educational and economic interests of the weaker sections of society (in particular, of the scheduled castes and aboriginal tribes), and shall protect them from social ”injustice” and all forms of exploitation.” [Emphasis added.] The Article further states that nothing in Article 15(4) will prevent the nation from helping SCs and STs for their betterment [‘betterment’ up to the level enjoyed by the average member of other communities] Now present sate is 52% .

The Constitution declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them.[3] The words “socialist” and “secular” were added to the definition in 1976 by constitutional amendment.[4

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Fundamental Rights

The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens’ rights from encroachment by society.[19] Seven fundamental rights were originally provided by the Constitution – right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.[20] However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.[21][note 2]

The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society.[22] They act as limitations on the powers of the legislature and executive, under Article 13,[note 3] and in case of any violation of these rights the Supreme Court of India and the High Courts of the states have the power to declare such legislative or executive action as unconstitutional and void.[23] These rights are largely enforceable against the State, which as per the wide definition provided in Article 12, includes not only the legislative and executive wings of the federal and state governments, but also local administrative authorities and other agencies and institutions which discharge public functions or are of a governmental character.[24] However, there are certain rights – such as those in Articles 15, 17, 18, 23, 24 – that are also available against private individuals.[25] Further, certain Fundamental Rights – including those under Articles 14, 20, 21, 25 – apply to persons of any nationality upon Indian soil, while others – such as those under Articles 15, 16, 19, 30 – are applicable only to citizens of India.

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Article 14 {Equality before law}

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15 {Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth}

  1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
  2. No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to –
    1. access to shops, public restaurants, hotels and places of public entertainment; or
    2. the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public.
  3. Nothing in this article shall prevent the State from making any special provision for women and children.
  4. Nothing in this article or in clause (2) or article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 16 {Equality of opportunity in matters of public employment}

  1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
  2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
  3. Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
  4. Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
    (4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
  5. Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

Article 19 {Protection of certain rights regarding freedom of speech, etc.}

  1. All citizens shall have the right –  ( THIS IS GETTING  VIOLATED BY ALL POLITICAL LEADERS FOR VOTES WHERE IN  THEY CAN BE QUESTIONED BY PEOPLE OF INDIA FOR THEIR RIGHTS ) .

    1. to freedom of speech and expression;
    2. to assemble peaceably and without arms;
    3. to form associations or unions;
    4. to move freely throughout the territory of India;
    5. to reside and settle in any part of the territory of India; and
    6. *** (repealed)
    7. to practice any profession, or to carry on any occupation, trade or business.

Article 102 {Disqualifications for membership}

  1. A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament –
    1. if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;
    2. if he is of unsound mind and stands so declared by a competent court;
    3. if he is an undischarged insolvent;
    4. if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
    5. if he is so disqualified by or under any law made by Parliament.

[Explanation: For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.]

  1. A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

Article 103 {Decision on questions as to disqualifications of members}

  1. If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.
  2. Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.

Article 104 {Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified}

If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.

Article 325 {No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex}

There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

Article 326 {Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage}

The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

Part XV – consists of Articles on Elections Articles 324 – 329 on Elections Article 329A – Repealed – Replaced by the Constitution (Forty-fourth Amendment) Act, 1978, s. 36 (w.e.f. 20-6-1979).

REFER FOR  Disqualification of Political leaders and others ELECTION COMMISSION LAND MARK JUDGMENTS.

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Peoples act – 1951

 

8. Disqualification on conviction for certain offenses.

8A. Disqualification on ground of corrupt practices.

9. Disqualification for dismissal for corruption or disloyalty.

9A. Disqualification for Government contracts, etc.

10. Disqualification for office under Government company.

10A. Disqualification for failure to lodge account of election expenses.

11. Removal or reduction of period of disqualification.

11A. Disqualification arising out of conviction and corrupt practices.

11B. Removal of disqualifications

4[3. Qualification for membership of the Council of States.—A person shall not be qualified to be chosen as a representative of any State 5* * * or Union territory in the Council of States unless he is an elector for a Parliamentary constituency 6[in India].]

 4. Qualifications for membership of the House of the People.—A person shall not be qualified to be chosen to fill a seat in the House of the People 7* * *, unless—

(a) in the case of a seat reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency;

(b) in the case of a seat reserved for the Scheduled Tribes in any State (other than those in the

autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of that State or of any other State (excluding the tribal areas of Assam), and is an elector for any Parliamentary constituency;

(c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency in which such seat is reserved or for any other Parliamentary constituency comprising any such autonomous district;

8* * *

9[(cc) in the case of the seat reserved for the Scheduled Tribes in the Union territory of 10[Lakshadweep], he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency of that Union territory; 11* * *]

12[(ccc) in the case of the seat allotted to the State of Sikkim, he is an elector for the Parliamentary constituency for Sikkim;]

(d) in the case of any other seat, he is an elector for any Parliamentary constituency.

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CHAPTER II. —Qualifications for Membership of State Legislatures

 5. Qualifications for membership of a Legislative Assembly.—A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless—

(a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State; (b) in the case of a seat reserved for an autonomous district of Assam, 1* * * he is a member of a 2[Scheduled

Tribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat is reserved for that district; and

(c) in the case of any other seat, he is an elector for any Assembly constituency in that State:

3[Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.]

4[5A. Qualifications for membership of Legislative Assembly of Sikkim. —5[(1)] Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless —

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or

Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas;

(b) in the case of a seat reserved for Sikkimese of Nepal origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State;

(c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and

(d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.]

6[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless—

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of Bhutia or

Lepcha origin and is an elector for any assembly constituency in the State other than the constituency reserved for the Sanghas;

(b) in the case of a seat reserved for the Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any assembly constituency in the State;

(c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and

(d) in the case of any other seat, he is an elector for any assembly constituency in the State.

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6. Qualification for membership of a Legislative Council.—(1) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State.

(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor 1* * * unless he is ordinarily resident in the State.

2[CHAPTER III. —Disqualifications for membership of Parliament and State Legislatures

 7. Definition.—In this Chapter,—

(a) “appropriate Government” means in relation to any disqualification for being chosen as or for being a

member of either House of Parliament, the Central Government, and in relation to any disqualification for

being chosen as or for being a member of the Legislative Assembly or Legislative Council of a State, the State Government;

(b) “disqualified” means disqualified for being chosen as, and for being, a member of either House of

Parliament or of the Legislative Assembly or Legislative Council of a State.

 8. Disqualification on conviction for certain offences. —

3[(1) A person convicted of an offence punishable under— (a) section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section

498A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code (45 of 1860); or

(b) the Protection of Civil Rights Act, 1955 (22 of 1955) which provides for punishment for the preaching and practice of “untouchability”, and for the enforcement of any disability arising therefrom; or

(c) section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (52 of 1962);

or

(d) sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or

(e) the Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or

(f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or

(g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

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(PART II.—Acts of Parliament) 68

(h) section 7 (offence of contravention of the provisions of sections 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or

(i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing) of clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this Act; 1[or]

1[(j) section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991;] 2[or]

3[(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National Honour Act, 1971 (69 of 1971),] 4 [; or]

4[(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or

(m) the Prevention of Corruption Act, 1988 (49 of 1988); or

(n) the Prevention of Terrorism Act, 2002 (15 of 2002),]

5[shall be disqualified, where the convicted person is sentenced to—

(i) only fine, for a period of six years from the date of such conviction;

(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]

(2) A person convicted for the contravention of—

(a) any law providing for the prevention of hoarding or profiteering; or

(b) any law relating to the adulteration of food or drugs; or

(c) any provisions of the Dowry Prohibition Act, 1961 (28 of 1961);6***

6* * * * *

(3) A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.]

7[(4)] Notwithstanding anything 8[in sub-section (1), sub-section (2) or sub-section (3)] a disqualification under either subsection shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.

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Representation of the People Act, 1951

(PART II.—Acts of Parliament)

Explanation. —In this section, — 69

(a) “law providing for the prevention of hoarding or profiteering” means any law, or any order, rule or notification having the force of law, providing for—

(i) the regulation of production or manufacture of any essential commodity;

(ii) the control of price at which any essential commodity may be bought or sold;

(iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity;

(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;

(b) “drug” has the meaning assigned to it in the Durgs and Cosmetics Act, 1940 (23 of 1940);

(c) “essential commodity” has the meaning assigned to it in the Essential Commodity Act, 1955 (10 of 1955);

(d) “food” has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (37 of 1954).

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1[8A. Disqualification on ground of corrupt practices.—

IF THEY ARE CORRUPT WE THE PEOPLE HAVE RIGHT TO QUESTION AT THE TIME OF NOMINATIONS – PEOPLE HAVE RIGHT TO REJECT  BY OBJECTIONS AND PETITIONS TO POLITICAL PARTIES , ELECTION COMMISSION OR INDIAN JUDICIARY OR BY PEOPLE BY REJECTION VOTE. 

CORRUPT PRACTICE IS TAKING MONEY FOR PUTTING VOTES AND AT THE  SAME TIME NOT PARTICIPATING IN ELECTIONS  BY PUTTING YOUR VOTE

IN PRESENT VOTING SYSTEM THE VOTING PATTERN IS DIVIDING BY 3 TO 4 % WHICH IS MAKING  INDIVIDUALS OR CANDIDATES WITH OUT POPULARITY VOTE . THIS IS DESTROYING DEMOCRACY  .

CRIMINALS , POWER BROKERS , DYNASTY ,RELIGION , CASTE , REGION POLITICS FOR POWER IS  MAKING INDIA TO GO DOWN

THE ANSWER , CHANGE , MOVING FORWARD IS  YOUTH , EDUCATED PEOPLE , INTELLECTUALS , SCIENTISTS , CIVIC SOCIETY , ENGINEERS , DOCTORS ETC  INVOLVEMENT IN POLITICS.

WITH OUT MONEY PEOPLE CAN WIN ELECTIONS BY OPEN DONATIONS AND RECOVERING CORRUPT / BLOODY MONEY FORM PEOPLE WHO ARE DESTROYING GROWTH OF COUNTRY .

(1) 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, after 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 subsection

(2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]

 

9. Disqualification for dismissal for corruption or disloyalty. —(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.

(2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of the fact:

Provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said person.

 

9A. 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.

 

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.

 

10. Disqualification for office under Government company. —A person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a cooperative society) in the capital of which the appropriate Government has not less than twenty-five per cent. share.

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1. Subs. by Act 40 of 1975, s. 2, for s. 8A.

Representation of the People Act, 1951

(PART II.—Acts of Parliament)

10A. Disqualification for failure to lodge account of election expenses. —If the Election Commission is satisfied that a person—

70 (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and

(b) has no good reason or justification for the failure,

the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

 

11. Removal or reduction of period of disqualification.—The Election Commission may, for reasons to be recorded, remove any disqualification under this Chapter 1[(except under section 8A)] or reduce the period of any such disqualification.

CHAPTER IV.—Disqualifications for Voting

 11A. Disqualification arising out of conviction and corrupt practices.—

2[(1)] If any person, after the commencement of this Act,—

3* * * is convicted of an offence punishable under section 171E or section 171F of the Indian Penal Code (45 of 860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136 of this Act, he shall, for a period of six years from the date of the conviction or from the date on which the order takes effect, be isqualified for voting at any election.

6[(2) Any person disqualified by a decision of the President under sub-section (1) of section 8A for any period shall be disqualified for the same period for voting at any election.

(3) The decision of the President on a petition submitted by any person under sub-section (2) of section

8A in respect of any disqualification for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.]

 11B. Removal of Disqualifications.—The Election Commission may, for reasons to be recorded, remove 7[any disqualification under sub-section (1) of section 11A].]

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 YOUR VOICE , YOUR VOTE , YOUR RIGHT TO LIVE WITH PEACE AND PROSPERITY BY REJECTING CORRUPTION , BRIBE , QUID PRO ACTS IS  KEY FOR NEW INDIA. 

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