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)

Supreme Court in Tan Chaudhuri case upheld that these in prison can't contest election triggering a debate between right to contest and uphold electoral ethics. Tension between right to contest election and need to uphold electoral ethics under RPA, 1951: (1) Can't contest election for 6 years if convicted in cases with imprisonment of over 2 years (Section 8) But frequent stays of conviction allows candidate to contest despite ongoing case. (G9) Rahul Gandhi Defamation case.

But this may violate principle of natural justice because of: (1) Judicial errors in giving judgment (G9) Supreme Court regularly changes lower court judgment (2) Fundamental right of visit under Act 32 and 226 Way forward - Ban in case of heinous offenders like murder, rape, voluntarily - duty. Lilly Thomas judgment resolved this dilemma upto some extent by more focus should be on vigor of the right.