लोक प्रतिनिधित्व अधिनियम के तहत चुनाव और चुनावी नैतिकता के बीच तनाव बनाए रखने की आवश्यकता की जांच करें। क्या दोषी को आजीवन प्रतिबंध लगाना चाहिए? (उत्तर 250 शब्दों में दीजिए) 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)

Under the RPA, 1951, certain electoral offences disqualify a candidate from assemblies or the parliament.

[Electoral offences drawn from criminal convictions]

Tension between right to contest elections with electoral ethics, need for latter.

1. Law making in legislatures – temple of democracy → discussion deliberation debate

2. criminal antecedents may speak of low moral character of legislator.

3. large scale criminalization of politics → 35% MPs with criminal charges in 11th Lok Sabha

4. Erosion of moral fabric of elections and democratic polity.

5. leads to strong-man politics → money and muscle power.

6. leads to erosion of public trust.

However, a flip side exists:

1. Use of previous charges against opposition, by information case against leaders of opposition

2. Suppression of dissent in houses

3. Arbitrary use of power to prevent electoral participation

4. Troubled relation with political targeting – from colonial times to emerging era – political prisoners & legacy issues.

Thus, a lifetime ban on convicted criminals can be enforced for heinous crimes, eg: rape, sexual violence, atrocities against SC/STs, terror charges etc.

Case against lifetime ban:

1. Political weaponization of data misuse

2. may lead to chilling effect, eg: Stan Swamy law, Omar Khalid

Thus, a lifetime ban on convicted criminals can be enforced for heinous crimes, eg: rape, sexual violence, atrocities against SC/STs, terror charges etc.

Case against lifetime ban:

1. Political weaponization of data misuse

2. may lead to chilling effect, eg: Stan Swamy law, Omar Khalid

Thus, existing provision must be used judiciously:

1. Declaration of criminal antecedents.

2. Enforcing 6 rules judgment regarding section 8(1)

3. Use of powers by Election Commission.

4. Busting the judgment of voters.

Thus, the electorate must be accorded the right to know for freer and fair elections, and for a numeral free political space.

— Bhavika Chopra · AIR 25