RC

Ritika Chitlangia

Question 8GS2GS1

[Continuation] Comment on how the current classification under Section 8 leads to arbitrary categorisation of offences. Also, mention the remedies available to a person disqualified under this section.

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Main Body

1Bifurcation of electoral offences under sec 8 and sec 123 ⇒ need to be unified for better compliance. Remedies for disqualified persons: 1) Appeals to higher courts for review of cases. 2) Resignation from parliament/state legislative assemblies before conviction. 3) Pitching their political allies for the vacant seat. 4) Filing of counter-suits to elongate the procedure of constitution. 5) Use of parliamentary immunity in civil cases for MP's/MLA's and civil + criminal cases in case of president is vice-president. 6) Using their official passports (diplomatic) to escape the country. Thus, strengthening of legal teeth, quick conviction of cases and gravity-based disqualifications are be adopted for reforming RPA.
108 words1 paragraphs
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Topper

Ritika Chitlangia

Subject & Paper

GS2GS1

Topic

Representation of People Act

Section 8 - Electoral Disqualification

Remedies for Disqualified Persons

Writing Stats

108

Total words

1

Paragraphs

critical and analytical

Tone