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)
Introduction
Free and fair elections are the sine qua non of a democracy.
12 words
Main Body
Representation of People Acts1950 and 1951provide provisions for electoral ethics as well as right to contest elections. # RIGHT TO CONTEST ELECTIONSTo every citizen of IndiaMust be compliant with conditions laid down in RPA, 1950. # ELECTORAL ETHICSfree and level playing fielddiminish role of money and muscle power.
But a tension emerges, if we try to uphold both. # TENSION Between Right to contest and need to uphold electoral ethics1) Money and muscle power get promoted if everyone allowed to contest. 2) criminal and frivolous elements may take advantage over others. In this light; Two ArgumentsI LIFETIME BAN ON CONVICTED CRIMINALS: 1) Presents a great option to deter the criminalization of politics. 2) Favors genuine candidatesto contest and win. 3) Promotes better Representation for people. 4) Electoral Malpractices will be kept at bay.
Yet, True Spirit of democracy faces a challenge by adopting this option. II Need is for a BALANCED APPROACH: 1) Lily Thomas case (2013)Immediate suspension of a convicted candidate cannot contest for 6 years after conviction. 2) Law Commissionrecommends restricting the criminals participation. 3) ECI recommendsproper disclosure of criminal background. Hence, a lifetime ban will not be an adequate solution.
217 words1 paragraphs
Conclusion
Government, of the people, for the people, by the people can be ensured through proper electoral disclosures and scrutiny.
19 words
Topper
Rasneet Kaur
AIR 51
Subject & Paper
GS2GS2
Topic
Salient Features of the Representation of People's Act
Elections
Electoral Ethics and Right to Contest
Writing Stats
248
Total words
1
Paragraphs