लोक प्रतिनिधित्व अधिनियम के तहत चुनाव और चुनावी नैतिकता के बीच तनाव बनाए रखने की आवश्यकता की जांच करें। क्या दोषी को आजीवन प्रतिबंध लगाना चाहिए? (उत्तर 250 शब्दों में दीजिए) 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
Under the RPA, 1951, certain electoral offences disqualify a candidate from assemblies or the parliament.
[Electoral offences drawn from criminal convictions]
Tension between right to contest elections with electoral ethics, need for latter.
2. criminal antecedents may speak of low moral character of legislator.
4. Erosion of moral fabric of elections and democratic polity.
6. leads to erosion of public trust.
However, a flip side exists:
1. Use of previous charges against opposition, by information case against leaders of opposition
2. Suppression of dissent in houses
3. Arbitrary use of power to prevent electoral participation
4. Troubled relation with political targeting – from colonial times to emerging era – political prisoners & legacy issues.
Thus, a lifetime ban on convicted criminals can be enforced for heinous crimes, eg: rape, sexual violence, atrocities against SC/STs, terror charges etc.
Case against lifetime ban:
1. Political weaponization of data misuse
2. may lead to chilling effect, eg: Stan Swamy law, Omar Khalid
Thus, a lifetime ban on convicted criminals can be enforced for heinous crimes, eg: rape, sexual violence, atrocities against SC/STs, terror charges etc.
Case against lifetime ban:
1. Political weaponization of data misuse
2. may lead to chilling effect, eg: Stan Swamy law, Omar Khalid
Thus, existing provision must be used judiciously:
1. Declaration of criminal antecedents.
2. Enforcing 6 rules judgment regarding section 8(1)
3. Use of powers by Election Commission.
4. Busting the judgment of voters.
Thus, the electorate must be accorded the right to know for freer and fair elections, and for a numeral free political space.
Conclusion
Thus, existing provision must be used judiciously. Thus, the electorate must be accorded the right to know for freer and fair elections, and for a numeral free political space.
29 words
- Recognition of need for electoral ethics
- Acknowledgement of concerns about political weaponization
Bhavika Chopra
Salient Features of the Representation of People's Act
Electoral Reforms
Disqualification and Electoral Ethics
353
Total words
10
Paragraphs