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
Representation of People Act RoPA is the statutory architecture to promote procedural democracy through free and fair elections.
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Main Body
Representation of People Act RoPA is the statutory architecture to promote procedural democracy through free and fair elections. Tensions between Right to Contest elections and need to uphold electoral ethic: Challenge to Right to Contest election is Criminal Conviction under section 8 of RoPA --> immediate disqualification Preventive Detention (eg: Amnipal case in Punjab) Model Code of Conduct :- MCC is on discretionary of policies Hate speech & violence (Sl. Abhiram case)
Challenges to uphold electoral ethics: Hate speech - violence need to curbed but weak ECI. Convicted criminals cannot contest elections. No postpontion to the person in jail custody (Right to vote during)
Lifetime ban on convicted criminals: Supreme Court shud down Section 8(4) which promoted convicted criminals to participate in election for 6 years. Lifetime ban --> To curb criminalisation of politics (USY, in 18th Lok Saha) to curb hate speech, electoral offices. But challenges --> lack of scope of improvement. Against the freedom, dignity and privacy. There must be a coolly off period, not a lifetime ban on convicted criminals
Conclusion
There must be a coolly off period, not a lifetime ban on convicted criminals
14 words
Simrandeep Kaur
Salient Features of the Representation of People's Act
Corrupt Practices and Electoral Ethics
Right to Contest Elections and Disqualifications
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Total words
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Paragraphs
analytical
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