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?
Main Body
The paradox in elections in India is RPA 1951 assuming convicts to contest elections yet prisoners not to vote in elections. Tension of Right to Contest & Electoral Ethics under RPA 1951: Right to Contest: - Undes. Individuals (Conduct of Elections Rules) & will Provides right to citizens to choose their own representatives (Universal Adult Franchise) - Reasonable restrictions under section 8A, 8, 9, 9A, 10 in RPA 1951 for competing, anti-Indian & anti-social activities through 6 year ban on conviction
Electoral Ethics: - Criminalisation of 46% in 16th Loksabha have criminal history ADR - Legislative Sanctity - laws because before law makers - Money Muscle - leads to politicization of rich criminals - Black money in elections - Affects pending - size of politico-bureaucratic nexus news in Corrupting - Political Apathy: how voter turn out considers politics as dirty game Should criminals have lifetime ban: [Yes] - Clean politics of criminals illicit merit & entry of new talent Politicians as representatives of people criminals Afflict poor on Indian society [No] - Previous cases - crime by filing false cases in political competition - A criminal can be reformed by supportive environment & Kiran Bedi's Tihar Reforms Against presumption of innocence - India RPA bore on conviction no trail Not a permanent or structural measure: need to improve electoral financing, space for meritorious candidates (14), change of warning vs 15 (for criminal) for government improvement Clean politics requires continuous reforms through State funding of elections (Forni, Issmann Committee) proper evaluation of affidavits & own political folks to promote clean leaders & vote to elect them.
Should criminals have lifetime ban continued: [Yes] - Clean politics of criminals illicit merit & entry of new talent. Politicians as representatives of people criminals Afflict poor on Indian society [No] - Previous cases - crime by filing false cases in political competition - A criminal can be reformed by supportive environment (Kiran Bedi's Tihar Reforms) Against presumption of innocence - India RPA bore on conviction no trail Not a permanent or structural measure: need to improve electoral financing, space for meritorious candidates (14), change of warning vs 15 (for criminal) for government improvement. Clean politics requires continuous reforms through State funding of elections, proper evaluation of affidavits & own political folks to promote clean leaders & vote to elect them.
Conclusion
Clean politics requires continuous reforms through State funding of elections (Forni, Issmann Committee) proper evaluation of affidavits & own political folks to promote clean leaders & vote to elect them.
30 words
Samiksha Dwivedi
Salient Features of the Representation of People's Act
Electoral Reforms
Right to Contest Elections and Electoral Ethics
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