Question 14GS2GS2

Examine the tension between the right to contest elections and the need to uphold electoral ethics under the Representation of the People Act. Should there be a lifetime ban on convicted criminals? (Answer in 250 words)

Main Body

The representation of People's act, 1951 deals with parable penal actions in case of violation of electoral ethics. These based on various SC judgement have to be balanced with the right to contest.

Tension between Right to contest & uphold electoral ethics:

(A) Right to contest:

1Provides for those undertaking to contest in elections under RPA, 1951

2Free and fair elections to all despite social/economic status

3Right to contest for those out part of any political party as independents.

(B) Upholding electoral ethics:

1Convicted criminals with minimum punishment of years imprisonment based on 63 years contesting. (ET) Brought after SC judgment is likely u/s D.O.T case

2Unethical practices like hate speech, prop gating untouchability, kiking bribes, promoting vote - Penalized under DEC section(a) of B.P.Act, 1951.

3Criteria set to uphold egalitarian right to all those contesting, part some special provisions to required and national parties

(ET) Requisition of vote campaign

Should there be lifetime ban?

(A) No:

1Allowing for reformation of the convicted.

2Against constitutional other of allowing opportunity to reformed

3Constitution immediate ban doesn't allow right to appeal

(B) Yes:

1Decriminalization of politics. (2) Actor as elector to indicate force.

3Upholding ethical electoral conduct

Hence RPA, 1951 should be kept abreast to changing societal needs to decriminalize politics in India

(A) No:

1Allowing for reformation of the convicted.

2Against constitutional other of allowing opportunity to reformed

3Constitution immediate ban doesn't allow right to appeal

(B) Yes:

1Decriminalization of politics.

2Actor as elector to indicate force.

3Upholding ethical electoral conduct

Hence RPA, 1951 should be kept abreast to changing societal needs to decriminalize politics in India

283 words10 paragraphs

Conclusion

Hence RPA, 1951 should be kept abreast to changing societal needs to decriminalize politics in India

16 words

Examiner score

1/10

Open original scan

Page 35

Topper

Aditya Narayan H

AIR 68

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Electoral Ethics and Disqualification

Right to Contest vs Electoral Ethics

Writing Stats

299

Total words

Paragraphs

analytical

Tone