KK

Kiran KamateAIR 53

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?

Open scan (p.35)

Main Body

The RPA, 1951 provides for various provisions - two things namely: 1) electoral offences and 2) corrupt practice. These along with judicial pronouncement have heated tension with right to contest elections and need of ethics in elections. Tension b/n the two: 1. The Suji Thamse case (2015) squashes section 8(4) of RPA/1951 - immediate removal of MP with criminal case. In Priyanka vs UoI - SC said, right to contest election is not a fundamental right and did it give right to prisoner under detention.

3. In ADR case 1992 - it mandated compulsory disclosure under section 77 of criminal antecedent, it is affidavit. 4. In PUC case - not following/giving correct information under section 77 will lead to disqualification under section 10A of RPA/1951. 5. In Ashok Chukov case - SC said, right of citizen to know about financial background and made disclosure of asset violating. 6. In Ashram Singh - resorting to deceptive factor like religion, caste is violative of section 123: corrupt practices - elections are secular activities

171 words1 paragraphs

Conclusion

7. In Jai K Rekhri (2015), SC mandated compulsory publication of reasons for selecting the candidate on putty website, failing which is disqualified. 8. In India Gandhi vs Raj Narain - Misuse of govt facilities for electoral violates section 8. No, it would be unconstitutional, though not a fundamental right, be a lifetime ban. Forms of court/democracy. Should there, be a considered form to ensure a criminal, as highlighted by Misan Vaishnan 'when crime pays' Thus, RPA has been successful in inculcating criminalization, justice other measures are needed.

88 words

Diagram

Graph showing criminalization of politics with data points from 2008, 2014, 2019, 2024

Topper

Kiran Kamate

AIR 53

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Corrupt Practices

Electoral Ethics and Disqualification

Writing Stats

259

Total words

1

Paragraphs

analytical

Tone