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)

Representation of People Act (1951) was brought to enhance legal right to contest elections by stating qualifications and disqualifications (as per Constitutional mandate). Right to Contest Elections: - (1) Fulcra spirit of Republican democracy - B Gives equal access to everyone - S In alignment with Article 14 (Right to equality) Need to Uphold Electoral Ethics: - (1) Increasing criminalisation of politics by 85% since 2022-23 (ADR data) - (3) States Public trust and Faith in democracy when law breaches became law makers - (4) Leads to voter apathy (stagnant turnout) - E Low participation of youth in active politics - F Law & Inner party democracy as tickets given on winnability criteria

Rising use of Money and muscle Power: - D More than 85% rise in money asset confiscations during elections since 2022-23 (ADR data) States Public trust and Faith in democracy when law breaches became law makers Leads to voter apathy (stagnant turnout) Low participation of youth in active politics Law & Inner party democracy as tickets given on winnability criteria Lifetime Ban on Convicted Criminals: Yes - Is Restored Public Faith in democracy - a) Strong deterrence effect - b) Clears up democracy However, Permanent Ban could have below consequences: - i) Rice in litigations against opposition - Frivolous complaints further clogging of courts (LS score case pending) - ii) Wrongful conviction of legislator - iii) Against Reformative Justice and retaliatory justice memorials - iv) Reforms in Criminal Justice System WAY FORWARD: - (1) Permanent Ban for Severe Cases (to Rape, dowry and other sensitive cases) - (2) Dedicated fast-track courts to decide ban on advice of Election Commission of India ECI - (3) Appeal mechanism to make honest legislators - (4) Reforms in Criminal Justice System Long due electoral reforms like cap on funding, audit of asset disclosure and Recommendators of Vidya Committee is need of the hour to maintain sight balance