Supreme Court shall inquire and decide & regarding doubts and disputes arising out of or in connection with the election of a President per Article 71(1) of the constitution.
[4] Subject to the provisions of Prevention of Insults to National Honour Act, 1971, Supreme Court can remove the president for ceasing to possess the eligible qualifications to be Lok Sabha member under Sections 7 & 8(k) of this Act when the acts/ deeds (i.e. for giving assent to unconstitutional bills passed by the parliament or state legislatives, permitting the gazette notification of the unconstitutional advises {including promulgation of ordinances under Article 123 or imposing president rules in a state under Article 356} rendered by the union cabinet / prime minister, etc.)
Similar to the president per article 71 upon ceasing to possess the requisite qualifications to be a member of Rajya Sabha subject to this Act.
Interpreting the words of constitution the bench found the clause 8(4) of the RPA act -which gives a time period of 3 months to file an appeal and allows continuation in office till its disposal- as unconstitutional.
[8][9] A recent verdict on 19 November 2013 ensured the stay on the election campaigning of the convicted legislators for the current session.
[citation needed] Being public servants, elected representatives, MLAs or MPs, cannot hold an office of profit under section 9 (A) of the Representation of People's Act and Articles 102 and 191(E) of the Constitution.