TODAY -

Advantages of being disqualified

Free Thinker *



Any Hon. Members convicted of any offense and sentenced to imprisonment for not less than 2 years shall be disqualified ( as MP or MLA) from the date of such conviction and shall continue to be disqualified for a further period of six years since his/her release.

So the ponderable point is, once you have cases pending in the courts you must be extra careful – any judge can send you to jail for 2 years or more - then you are out instantly from the Assembly or Parliament. These are part of our cheques and balances system.

When you are declared disqualified as a Member of Parliament or an MLA there are many advantages. First, you are no longer responsible to the legislature to which you belong. Second, you are free from the responsibilities of the elected representative of the people.

Third, no one will come and request for your letter of recommendation (Ex Member’s letters lack sting). Fourth, you are free from the nitty-gritty of the local area development fund. Fifth, you are liberated from the ruckus in the Chamber. Once disqualified, you may hold any office of profit under the State or Union Government.

Full research is on to find out all the benefits of a disqualified Member. Whether they get the facilities and amenities equal to an Ex Member. One expert says why not? Others don’t agree.

Sometimes the matter of disqualification is referred to either the President or the Governor as per the requirement of the law. Before giving any decision disqualification question, the President/Governor shall obtain the opinion of the Election Commission and shall act according to their opinion. But in the case of criminal cases and conviction-related disqualifications, the procedure is somewhat automatic.

A Member may obtain this status of disqualification via various means - through the channel of the Tenth Schedule that is anti-defection law; defecting from one party to another when you are a legislator either in Parliament or State Assembly.

As a citizen, you may take money /fee for doing an act. Normally such actions can be seen at the time of the trial of strength or in common parlance proving majority in the ‘House’. Making money and getting yourself disqualified – is not uncommon. In a democracy, you often stand either for money or ministership, or membership.

The presiding officer can play a decisive role in disqualification cases of Hon Members... Disqualification cases may linger on and on till the Speaker gives a verdict. There is no timeline to decide a case of disqualification of a sitting member of the house. This applies to 10TH Schedule or wrong declarations, privilege issues, office of profit matters, etc.

As far as disqualification on the basis of court conviction is concerned - the power of the Presiding officer is limited. Once the Court says you are convicted of 2 years in jail; your membership automatically goes.

If the Court is not communicating the verdict to the Speaker officially - the membership can still continue. Once the verdict is conveyed to the Presiding officer – he has no option except to issue the disqualification order.

In the case of criminal convictions – if you commit a crime as a legislator and the conviction given is for 2 years or more – your membership vanishes. You can of course challenge the verdict till the end. Until and unless the verdict is stayed or quashed you are no more a Member.

In the exchange of verbal fire during elections there will be injuries on both sides; rather many sides; we are a multi-party democracy. The mudslinging, running down, and defaming utterances during election campaigns are normal business. Many times inadvertently you yell words that are unparliamentary or unpalatable. Can’t we say sorry after the hustings?

The press is the fourth pillar of democracy. Vibrant Democracy must encourage the freedom of the press. Media as usual should be the watchdog; they are to say who is doing right and who is going wrong. The vigor of democracy is squeezed when the media is prevented from publishing or showing the wrongs.

However today fake news can mislead people. We must be careful. Fake news can play havoc. Defamation cases hamper media freedom. And criminal defamation suits amongst politicians deter democracy.

If you really want to go to jail and relax; then it is alright; – you may not be harassed in jail by other Agencies except by a few rowdy elements inside. You may not worry about the election for at least 8 years (if convicted for 2 years). From inside you can still indulge in many things.

There are many advantages to operating from the inside. You don’t need security; even the internal goons respect honorable convicts. Once you are out, you become either a hero or zero – that will again depend on your social media managers. They will behave according to your payment capacity.

Perhaps the best advantage of being disqualified as a Member of Parliament or MLA is that you will be emancipated from the pandemonium of the ‘House’ and you will be at peace.


* Free Thinker wrote this article for The Sangai Express
This article was webcasted on March 27 2023 .



* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Colonial Knowledge Production in NE #8
  • Violence in Manipur 2023-2025 : Timeline
  • The fight for survival in Manipur
  • A call for unity from displaced voices
  • COVID-19: Update 08 July 2025 : Manipur
  • Dogs Are Staying on the Ground :: Poem
  • Football Tournament at Heinoukhongnembi
  • Condemns Kuki Inpi's Directive
  • Installation Ceremony of Lions Club, Imphal
  • All that can go wrong has gone wrong
  • Manipur peaceful from Delhi's perspective
  • Bashanta Ras @Govindaji #2 : Gallery
  • Hypocrisy & the betrayal of sovereignty
  • Healing with Art for children concluded
  • Manipur : Champions 24th Junior Natl Wushu
  • Path to Becoming a Leader Who Inspires
  • Van Mahotsav 2025, festival of life
  • The Flavours of Life :: Poem
  • Assault on sensibilities of the media
  • Revival of MPP after years of bitter disputes
  • Ougri Lirol :: Part 2 : Ooba Video
  • Jianreilung, Chingamba, Masounii : eMing
  • How Jessami conservation of Nongin
  • Shija Hospitals turns 40
  • COVID-19: Update 06 July 2025 : Manipur
  • The Indomitable Young Souls :: Poem
  • Growing network of drug dealers in country
  • Politics of SoO pact since 2008
  • No takers for disturbance-free education
  • 31st Governor Cup Polo Tournament : Gallery
  • PM welcome to Manipur: Feel the reality
  • Kainkhol wins best Social Message Film Award
  • Distortion of facts: Manipur sports movement
  • Govt services reach Manipur's tribal villages
  • 134th Durand Cup Trophies Flag Off
  • COVID-19: Update 05 July 2025 : Manipur
  • How to take care of oily skin in monsoon
  • First-Ever Tripura Esports Championship
  • Konung Kang Chingba #1 : Gallery
  • Manipur Iskcon's 25th Ratha Yatra 2025
  • Native Threshing machine made for farmers
  • COVID-19: Update 04 July 2025 : Manipur
  • Riso Ejang: Youth-led Transformation
  • Include males too in addressing HPV
  • Whispers from the past :: Poem
  • LPU opens permanent outreach centre
  • Raj Bhavan moving on the right track
  • Speculations over PM Modi's visit to state
  • Colonial Knowledge Production in NE #7
  • Make Yourself Visible to Opportunity
  • Orange bowl: tradition with ecological wisdom
  • 10 ways to keep a kitchen garden disease free
  • Between PR, military mandates & AFSPA
  • Allocation fund for MLALAD Fund during PR
  • Denounces Killing of KNA Deputy C-in-C
  • COVID-19: Update 03 July 2025 : Manipur
  • Cases of fake Aadhaar cards
  • Sincere dealing must for stricter Aadhaar
  • Archaeology: Culture of Manipur : Booklet
  • Wanna be a singer? Get Botox
  • A Central institute in Manipur
  • Nagging in the name of love
  • COVID-19: Update 02 July 2025 : Manipur
  • 'Benefits' of Indira's Emergency
  • Social Stigma :: Poem
  • Inking a peace pact: Why, how: SoO quagmire
  • Van Mahotsav under shadow of declining forest
  • 11th Th Kishan Memorial Lecture : Gallery
  • Manipur crisis & the Left media's blind spot
  • COVID-19: Update 01 July 2025 : Manipur
  • Bombom RK : Musclemania Universe NYC
  • The Grief :: Poem
  • Music Concert & Quiz (MCQ) 2.0
  • SoO agreement unlikely to be scrapped
  • Regulating use of plastic carry bags
  • Mera Houchongba @Kangla #4 : Gallery
  • International Day of Yoga @JNMDA : Gallery
  • BD Behring: The inimitable Gentleman I knew
  • Violence in the name of patriotism : Misguided
  • Daily oral vs long-acting injectable for HIV
  • COVID-19: Update 30 June 2025 : Manipur
  • Smile :: Poem
  • Why was President's Rule imposed ?
  • BJP under pressure to forge unity
  • Kang @Leikai in Imphal : Gallery
  • July Calendar for Year 2025 : Tools
  • COVID-19 : A recurring crisis in Manipur
  • DC Kaith and Forestry in Manipur : Book
  • COVID-19: Update 29 June 2025 : Manipur
  • Longing for Peace :: Poem
  • Black badge, slogan protest by peeved scribes
  • Present the true picture before Delhi
  • Pung-Cholom @ Polo Tournament : Gallery
  • Life: A Journey Through Thought & Being
  • Khongjai Hills & Kuki claim to indigeneity
  • Master Time by Managing Information
  • COVID-19: Update 28 June 2025 : Manipur
  • Pride & patriotism in CCpur's army families
  • The Power of Poppy - 87 :: Poem
  • World Decarbonisation Day: green environment
  • Welcome Home - Nganthoi #2 : Gallery
  • Loss of two precious lives from Manipur
  • Balancing civil liberties with public safety
  • COVID-19: Update 27 June 2025 : Manipur
  • Gender equality & human rights are indivisible
  • Stay hydrated this summer season
  • Silent Half of the Sun :: Poem
  • Connecting the dots in the wishlist
  • Assembly record tampering claims by ex-CM
  • The immortal legacy of Pukhramba Kajao
  • International Day against Drug Abuse 2025
  • COVID-19: Update 26 June 2025 : Manipur
  • Black pottery from Ukhrul - tribal heritage
  • Program on "Mission-Drug Free Campus"
  • Play makes a better world
  • Urgent Appeal to the Honourable MLAs
  • Tribal Empowerment Campaign at CCpur
  • Talk doing the round: PM to come
  • 'Emergency' relief for under-fire BJP
  • Golden Jubilee Art Fair @Imphal : Gallery
  • Declaration: Meetei People Convention, Delhi
  • A Flower Among the Rocks :: Review
  • Book Donation Campaign
  • Improved road connectivity boosts livelihoods
  • To Have Great Dreams :: Poem
  • COVID-19: Update 25 June 2025 : Manipur
  • Regret vs Sorry: Technical & moral insight
  • Cocktail of inept Govt, selfish people
  • State trailing others in cleanliness
  • Colonial Knowledge in NE India #6
  • UHI effect & rising temperatures in Manipur
  • Frequent road blockades cripple economy
  • COVID-19: Update 24 June 2025 : Manipur
  • Unite Health with Community health services
  • NSU, Imphal, tops IIRF Ranking 2025
  • Endless conflict :: Poem
  • Pak nobel pish prize for Trump
  • May 3, 2023 - June 24, 2025: Failure of Delhi
  • Hotter days, sudden rainfall no more a rarity
  • "The Great June Uprising" #2 : Gallery
  • How to Build a Career, Lead with Purpose
  • 2nd Foundation Day- Karnataka Meitei Assn
  • COVID-19: Update 23 June 2025 : Manipur
  • NSCN-IM Amnesty threatens to isolate it
  • Sunset :: Poem
  • Intl Yoga Day for a healthier environment
  • Of clogged drains and plastics
  • Poor roads testify Govt indifference
  • Welcome Home - Nganthoi #1 : Gallery
  • The Silent Erosion of Manipuri Language
  • Design health services around people
  • Serene Hills Host Inspiring Int'l Yoga Day
  • COVID-19: Update 22 June 2025 : Manipur
  • Chopper services between Senapati & Imphal
  • High Court Judges interacted with convicts
  • Redyeing the Fabric :: Poem
  • Differences yet to be resolved stand
  • Border fencing rage as solution eludes
  • Radio E-pao: 14 new songs updated
  • Climate Adaptive Agroforestry
  • Manipur overlooked demographic shifts
  • Young designers shine on Fashion Stage
  • COVID-19: Update 21 June 2025 : Manipur
  • International Day of Yoga at Lamphelpat
  • International Day of Yoga at JNMDA
  • The Power of Poppy - 86 :: Poem
  • Keishampat Lairembi Haraoba #1 : Gallery
  • Crisis in Manipur's Contemporary Education
  • Best 8 Performances in Manipuri Cinema
  • Identity: Caught between China & India ?
  • COVID-19: Update 20 June 2025 : Manipur
  • To The Father Who Listens :: Poem
  • How does net suspension affect youths ?
  • Targeting farmers to cripple state's economy
  • The virus is back and spreading
  • Who is afraid of Manipur ?
  • A threatened lily growing at Shirui Hills
  • World Environment Day in Manipur : Gallery
  • Ambubachi Mela at Maa Kamakhya
  • COVID-19: Update 19 June 2025 : Manipur
  • Dolls made from repurposed vegetable refuse
  • Condemns Attack on Farmer & Killing
  • Abhorrent politics of SoO
  • Police arrogance on harmless drivers
  • "The Great June Uprising" #1 : Gallery
  • UK Meetei diaspora run for Myanmar : Gallery
  • Thang-Ta Day @Khuman Lampak #3 : Gallery
  • 50 years of Pebet #2 : Gallery
  • Indo-Naga Talks (From 2012) :: Timeline
  • Protest @Checkon -AT arrest [Jun 9] : Gallery
  • Protests - AT arrest [Jun 8 night] : Gallery
  • Aftermath of flooding @ Khurai #1 : Gallery
  • /li>
  • Flooding at JNIMS Hospital #2 : Gallery
  • North East NSS Festival @ MU : Gallery
  • Trump's tariff legacy & its global echo
  • Flooding Imphal East [31 May] #3 : Gallery
  • Flooding Imphal East [31 May] #2 : Gallery
  • Flooding Imphal East [31 May] #1 : Gallery
  • S Nirupama @Miss Universe : Gallery
  • Protesters to Raj Bhavan [May 25]: Gallery
  • Human Chain @Airport road [May 26]: Gallery
  • Miss Shirui Pageant Contestant: Gallery
  • 48 hrs Bandh: protest security forces: Gallery
  • Protest Rally: Journalist harassment: Gallery
  • HSLC 2025: Full Result (Check Roll No)
  • HSLC 2025: Important Info & Grading System
  • HSLC 2025 : Compartmental candidates
  • HSLC 2025 : Comparative Statement
  • HSLC 2025 : Statistical Abstract
  • HSLC 2025 : District Pass Percentage
  • HSLC 2025 : Govt School Pass %
  • HSLC 2025 : Aided School Pass %
  • HSLC 2025 : Private School Pass %
  • People's Convention on 3rd May #2 : Gallery
  • Featured Front Page Photo 2025 #2: Gallery
  • Riya Khwairakpam : HSE Science Topper
  • Keisham Hannah : HSE Arts Topper
  • Warepam Lidia : HSE Commerce Topper
  • HSE 2025 Result : Science Full Result
  • HSE 2025 Result : Arts Full Result
  • HSE 2025 Result : Commerce Full Result
  • HSE 2025 Information / Abbreviation
  • HSE 2025 Topper : Science
  • HSE 2025 Topper : Arts
  • HSE 2025 Topper : Commerce
  • HSE 2025 : Pass Percentage
  • HSE 2025 : Result Abstract
  • HSE 2025 : Candidates with Highest Marks
  • President's Rule in Manipur : 1967 - 2025
  • Downloadable Manipuri Calendar :: 2025