Question 1 · 10 marks · 153 words written
There is a need to resolve the ambiguity in the disqualification provisions under section 8 of the Representation of People Act 1951 Discuss. (Answer in 150 words) 10 marks.
Opening
Representation of People Act 1951 provides for framework of disqualification of candidates along with regulating other aspects of elections in the country.
Body · points
Challenges in disqualification Provisions
Delayed trials → According to ADR, only 3 legislatures have been disqualified under section 8 after Lily Thomas judgement.
Low conviction rate → due to delayed trial which leads to tampering of evidence
Expenditure breach → Political party expenses on election campaigning is not considered
Narrow definition of corruption → Law commission recomended for inclusion of false affidavit filing under section 8.
Non-compliance with Supreme Court judgement & EC directives
eg. Rambabu Thakur case → publication of criminal antecedent of candidate on social media within 48 hours.
Way Forward
Close · a way forward
Elections are life blood of democracy & free & fair elections is basic feature of constitution thus there is need for reform in RPA 1951 to address the problem of criminalisation in politics.