MS

Mansi SinghAIR 126· 2024

Question 2GS2GS2

Section 8A of RPA, 1951 provides for disqualification due to corrupt practice. This is bedrock to promote free and fair election.

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Main Body

Features of Section 8A of RPA, 1951: Section 8A(1)provides for disqualification in person is held under - (1) under following IPC section/ BNS 5 grave charges (376 of IPC) 4 promoting enmity or hatred among society (196 of BNS) 6) violence against women. (2) held under UAPA (Unlawful activities prevention Act). (3) SC and ST (prevention of Atrocity) Act Role in preserving integrity: (1) Ensure removal of dishonest and corrupt person from election cycles. (2) Acts as deterrence against election offences. (3) Creates public trust on ECT eg. disqualification of Indira Gandhi (Indira Gandhi v/s Raj Narain case)

Issues: (1) Allegations of partisanship in taking action against ruling party. (2) delay in action taken. However, Supreme Court in Lily Thomas case, Public interest litigation foundation case, ADR case, provided both to RPA,1951 for fair and fair election. Ninth Schedule of Indian Constitution provide for 31B and state any act ,regulation ,law under 31B conn't be declared void in ground of ultra-vire of fundamental right. (1) to provide protection to land-acquirement for development. (2) OBJECTIVES: A reduces burden of court in hearing fundamental cases related to land-acquisitions. (3) land-reforms by redistributing land. (4) power to parliament for the implementation of DPSP. (5) Infrastructural development of India.

Earlier, provision was made that any provision under 31B can not be reviewed by supreme court. To check the tyranny of legislative body Supreme Court in I.R Coelho case argued and provided for judicial review. However, date of Keshuanand Bharti case, 1973 was fixed as pillar and no legislation incorporate under 31B before March, 1973 can be reviewed. Thus, SC can review legislation, placed in 9th schedule after March, 1973 timeline.

278 words1 paragraphs

Topper

Mansi Singh

AIR 1262024

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Corrupt Practices

Section 8A disqualification provisions

Writing Stats

278

Total words

1

Paragraphs

formal and analytical

Tone