JG

Jayant GargAIR 64· 2024

Question 14GS2GS2

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)

Open scan (p.35)

Introduction

Under Representation of People's Act in case of conviction of an member for 2ommune years his seat become immediately vacant. However as per ADR still 49% MPs have serious criminal cases pending before them.

34 words

Main Body

Under Representation of People's Act in case of conviction of an member for 2ommune years his seat become immediately vacant. However as per ADR still 49% MPs have serious criminal cases pending before them. Need for lifetime ban on convicted criminals: 1) Criminalisation of politics: Criminals entering politics erodes democratic values. 2) Muscle and Money power: Use of money by criminals to win elections. 3) Political Parties: Give importance to criminability instead of electoral ethics. 4) Issue of law: Criminals use powers for corruption and illegal business. 5) Influence on administration: Criminals in politics use influence, hampers investigations and criminal cases. 6) Public Trust: Criminalization of politics erode public trust and leads to lower voter turnout.

4Misuse of law: Criminals use powers for corruption and illegal business. 5) Influence on administration: Criminals in politics use influence, hampers investigations and criminal cases. 6) Public Trust: Criminalization of politics erode public trust and leads to lower voter turnout. 7) Parliament as Guardian of Constitution: Criminals promote money and communal appeal to win election. Views Against lifetime ban: 1) Reformist Justice: Right of criminal to reform and participate in politics. 2) Misuse of power: This can be misused through false allegation against candidates 3) Influence on administration: Criminals in politics use influence, hampers investigations and criminal cases. 4) Public Trust: Criminalization of politics erode public trust and leads to lower voter turnout
2Misuse of power: This can be misused through false allegation against candidates 3) Fundamental right: It is part of fundamental right to form political party and contest Measures to be taken: 1) Lifetime ban after conviction should be implemented through Constitutional Amendment 2) Special fast track court for cases against politicians and members of parliament on state legislature 3) Cases 6 month before election should only be considered for banning of criminals. Banning criminals would reform electoral system and strengthen public trust. It would ensure better governance and others centralistic policy making.
323 words1 paragraphs

Conclusion

Banning criminals would reform electoral system and strengthen public trust. It would ensure better governance and others centralistic policy making.

20 words

Topper

Jayant Garg

AIR 642024

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Electoral Ethics and Disqualifications

Banning of Convicted Criminals

Writing Stats

377

Total words

1

Paragraphs

analytical

Tone