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)

Main Body

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.

2Amendment in RPA, 1951 to ensure those in prison can contest election nullifying Tan Chaudhitari case (G9) Faruk engineer contested 2024 Lok Sabha election (3) Delay in deciding cases - related to politicians - contest elections despite ongoing cases (4) Upholding electoral ethics - disqualification as violation of corrupt practice under section 123 Thus, in this right lifetime ban on convicted animals can be considered & (1) Discrimination of parties - over 230 MPs in 18th Lok Sabha have criminal charges (2) Undue money power in elections - (3 lakh cr) in 18th Lok Sabha election.

3Rule of law and ethical governance - loose moral right to govern if inverted (4) Democracy and - subject will of the people effectively (5) Pave way for women representation as they are deterred due to money and muscle power.

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.

— Pawan Kumar Pandey · AIR 138

282 words1 paragraphs

Conclusion

Lilly Thomas judgment resolved this dilemma upto some extent by more focus should be on vigor of the right.

19 words

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Pawan Kumar Pandey

AIR 1382025

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Corrupt Practices

Writing Stats

301

Total words

Paragraphs

analytical with current examples

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Linked PYQ

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