"The menace of paid news often rears its ugly head during elections." Discuss the need for making paid news an electoral offence in India.

Need to make paid news an election offence

→ disturbs the level playing field needed under Article 324 → prevents violation of the Constitutional Morality. → helps to uphold the true spirit of Section 123 → since use of money power is actually corrupt. → prevent use of money & muscle power in elections → Uphold the judgment of Supreme Court in [Abhiram Singh Case]

However, there are challenges in making it a corrupt practice -

1. lack of clarity in RPA → not consistent. ⊙ Bribing is penal under Section 8(1) but not under Section 8(3)

2. Paid news can suffer from similar backlash as seen for false affidavit → Political party dharna.

3. Lack of clarity of what constitutes paid news and what is just election-eering.

4. Lack of clear [definition] of cons of paid news. Eg: No knowledge about when some paid news is malicious.

5. Judgement of the intent of paid news isnt easy and making all news as paid news violates rights under [Section 126] → to popularize

This calls for critical view at the menace of paid news via -

1. Committee or Law Commission to give clear [definition] of paid news with all intent & amount limit.
2. Awareness among people about ills of paid news → mature electorate (Lokniti CSDS Survey)
3. Power to Election Commission to reject nomination for paid news [Expand Resurgence India Case judgement]
4. More power of review → separate courts to quickly decide on paid news cases.