Question 14ExamineGS2GS2
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?
Introduction
Representation of people Act 1951 RPA provides for the framework of conducting elections.
13 words
Main Body
Tension between - Right to contest and uphold electoral ethics. 1) High bar for disqualification under Section 8 of RPA -> Upon conviction under certain laws This allows individuals accused of heinous crimes to contest polls. eg Amritpal Singh, a terror accused won 18th Lok Sabha polls 2024.
2"No lifetime ban" on convicted individuals - Sections 8(1), 8(2) & 8(3) disqualify for period of conviction + 6 years - allows for criminals to contest elections 3) Raising bar for disqualification could undermine Right to Contest - especially during polarised politics, when false accusations may be levelled. Lifetime Ban on Convicts SY Qureshi, former CEC has proposed this solution. Merits:- 1) Helps decriminalise politics
2Foster Free and fair elections - key to upholding representative democracy 3) Deterrent effect - check on crimes being committed by politicians 4) Promote honest & able youth to participate in politics Concerns 1) Lack of Political consensus 2) Not a panacea for other issues such as Electoral financing, non transparency in donations, Non application of RTI on parties.
174 words1 paragraphs
Conclusion
As per 170th Law Commission report & NN Vohra committee, Holistic electoral reforms must be carried out to purify electoral machinery.
21 words
Topper
Saurabh Sharma
AIR 146
Subject & Paper
GS2GS2
Topic
Salient Features of the Representation of People's Act
Representation of Peoples Act
Right to Contest vs Electoral Ethics
Writing Stats
208
Total words
1
Paragraphs
analytical
Tone