Question Q.1GS2GS2

जन प्रतिनिधित्व अधिनियम, 1951 की धारा 8 में अयोग्यताओं के प्रावधानों में उपलब्ध अस्पष्टता का समाधान करने की आवश्यकता है। चर्चा कीजिए। / 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.

Introduction

Section 8 of Representation of People's Act, 1951 provides for various disqualifications of MPs Constitution is a legal document which provides a framework for country's governance system. Constitutionalism on the other hand ensures constitutional supremacy - limited govt, powers, checks & balances, etc.

43 words

Main Body

Section 8 of Representation of People's Act, 1951 provides for various disqualifications of MPs as:

Section 8(1): Convicted for promoting enmity between groups/bribery.

Section 8(2): Convicted for corruption/disployalty in government service.

Section 8(3): Convicted for > 2years.

Need to Resolve Ambiguity

1Very broad terms like 'bribery', 'enmity' leads to potential misuse.

2Conviction for > 2years can be even for relatively lesser crime.

Eg:- Defamation.

3Trials are held in court which is time taking. Eg:- Fast Track Courts for MPs gave result only in 11.5 cases.

4Doesn't bar heinous crime convicted MPs.

Eg:- Rape, Murders if not convicted.

What is Needed

1Dis qualification if charged for offence with punishment > 5years - NCRWC, 2000.

2Clearly specifying crimes in line with today's demands. Eg:- No need to consider Sati today but data looking profiling can be included.

Section 8 of RPA, 1951 will have to balance people's representation with ensuring Rule of law is upheld for MPs.

Constitution is a legal document which provides a framework for country's governance system.

Constitutionalism on the other hand ensures constitutional supremacy - limited govt, powers, checks & balances, etc.

Constitution As Skeleton

1Provides basics like Fundamental Rights, Directive Principles, etc.

2Provides for governance system like Council of Ministers (Art.74), High Court (Powers (Art.226), etc.

3Provides other principles like SC/ST Reservation (Art.330).

Constitutionalism As Soul

1Limiting government power's: Eg:- Fundamental rights can be amended only by amendment

2Checks & Balances: Courts can declare law/order as unconstitutional (Art.13).

3Parliamentary Control over government: Question hour, Adjournment motion etc.

4Ensures wisdom, regulatory & legal consideration in qua. spending - CAG, Public Accounts Committee etc.

Hence, while Constitution provides framework, constitutionalism ensures its proper implementation by keeping check on government.

— Aniket Dnyaneshwar Hirde · AIR 81

293 words24 paragraphs

Conclusion

Section 8 of RPA, 1951 will have to balance people's representation with ensuring Rule of law is upheld for MPs. Hence, while Constitution provides framework, constitutionalism ensures its proper implementation by keeping check on government.

35 words

Clear enumeration of specific disqualification grounds
References current committee recommendations (NCRWC 2000)
Provides concrete examples of ambiguity issues
Identifies real-world implementation problems (Fast Track Courts)
Clear distinction between constitution and constitutionalism
Uses metaphor effectively (skeleton vs soul)
Provides specific article references with examples
Covers multiple dimensions - executive, judicial, legislative controls
Concise and well-structured answer

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Topper

Aniket Dnyaneshwar Hirde

AIR 812024

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Corrupt Practices

Writing Stats

371

Total words

Paragraphs

explanatory and structured

Tone

Linked PYQ

On what grounds a people’s representative can be disqualified under the Representation of Peoples Act, 1951? Also mention the remedies available to such person against his disqualification.

15M2019Discuss