A Law Maker should not be a Person who is Law Breaker: A Critical Analysis

  • Dr. Rajesh Kumar Dube
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  • Dr. Rajesh Kumar Dube

    Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, India

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The law makers should not be supposed to be a person who are law breakers and who might have committed an offence involving moral turpitude. The aspiring people of Bharat have wishes that the elected representatives should be a person of righteous conduct with high character, who would serve the nation without being tainted with criminal imputations. there are two set of laws regarding disqualifications, one for persons holding statutory and constitutional offices, holding post under Central Government & State Government Services and another holding the membership of the Legislative bodies under the Constitution. Now, moot questions which we have to consider that whether our Constitution permits such two set of laws regarding disqualifications? Whether the provisions regarding disqualifications under the Representation of the People Act, 1951 relating to the members of the Legislative bodies are arbitrary and discriminatory to the provisions under other laws regarding person holding statutory and constitutional offices as well as under various service rules of the Central Government & State Governments employees? Whether such discriminatory laws are violative of article 14 of the Constitution of Bharat?


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1744 - 1752

DOI: https://doij.org/10.10000/IJLMH.117049

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