Question 1 · 10 marks · 77 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 · a restatement
The disqualification provisions under section 8 of RPA 1951 can be triggered based on multiple grounds yet there some ambiguity in its application. Overall there is a need to reduce ambiguity via:
Body · points and prose
Convicted for a jail term of more than 2 years
- Preaching any social crime
- Failure to lodge the elections expense with Returning Officer
diagram
- Ambiguities have led to
- Poor enforcement of the law
- Could not deter use of money muscle power
- Slow rate of justice delivery due to multiple appeal system allowed
Overall there is a need to reduce ambiguity via:
→ Setting clear judicial precedents
→ Lily Thomas case said disqualification on conviction is immediate and not subject to appeal
→ Need political will to make the RPA 1951 even stronger.
→ Greater powers of enforcement to ECI to ensure criminalization of politics is tackled.
Close · a way forward
None written.