Politics Stack Exchange is a question and answer site for people interested in governments, policies, and political processes. It only takes a minute to sign up.
Sign up to join this community
The former education minister of India, Smriti Irani has been caught lying in her previous election affidavits about her educational qualifications. She had at times, claimed to be a Yale graduate, a BA graduate and many others. In her recent nomination papers, she has accepted the truth about not completing a B.Com degree.
Will she still be allowed to stand in the election?
Yes, if given a sentence of 2 years or longer for an offence, once the flow outlined below has occurred
An affidavit is a statement made under an oath stating that the facts in it are true.
Section 191 of the Indian Penal Code states that those who, under oath to tell the truth (like that of an affidavit), make "any statement that is false" and which is "[known] or [believed] to be false" can be considered to have given false evidence.
Section 193 of the Indian Penal Code establishes 2 categories of offence for giving false evidence: for use in a judicial proceeding (which is punishable by up to 7 years imprisonment) or not for use in a judicial proceeding (up to 3 years imprisonment). The law uses "shall" in describing imprisonment (so the person will be imprisobed) but does not set a minimum term lf imprisonment.
If not given a 2 year+ sentence, nothing occurs
If given a 2 year+ sentence, this leads to disqualification under item 8.3 of the Representation of the People Act 1951 (they would be "disqualified from the date of conviction and for a further period of six years" after their release). This would only take effect after 3 months from conviction, or when appeals have been exahusted, for a sittimg member.
Under Part V, Chapter II, Article 102 of the Indian Constitution, a disqualification as a result of a law made by parliament will prohibit election and membership of a house of parliament.
Please note that this is just 1 interpretation of the relevant laws. There may be additional laws/offences that are relevant and are not explored in this answer.
