Q. “There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act”. Comment. (150 words, 10 marks)

Answer: 

Approach:

Introduction

  • Briefly explain the Representation of Peoples Act (RPA) and its role in the electoral process.

Body

  • Discuss the reasons for the need for simplification:
    • Timely resolution
    • Legal clarity
    • Deterrence effect
    • Public trust
    • Highlight the importance of balancing simplification with protection of candidates’ rights and principles of natural justice.

Conclusion

  • Conclude with the potential benefits of simplification for the integrity of the electoral system and public trust in democracy.

Introduction:

The Representation of Peoples Act (RPA) is a crucial piece of legislation in India that provides a framework for the conduct of elections and the qualifications and disqualifications of candidates. A key concern with the RPA is the complexity of the procedure for disqualifying individuals found guilty of corrupt practices, which has implications for the integrity of the electoral process.

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Body:

The need for simplification of the disqualification procedure stems from several reasons:

  • Timely resolution: A simplified process can help in the timely resolution of cases involving corrupt practices. The current procedure is often time-consuming, which can delay the disqualification of a candidate and thus compromise the integrity of the electoral process.
  • Legal clarity: A simpler process can provide clearer legal guidelines, making it easier for courts, election commissions, and other stakeholders to apply the law consistently and fairly. This can help avoid confusion, ambiguities, and potential loopholes that may be exploited by unscrupulous candidates.
  • Deterrence effect: Streamlining the disqualification procedure may also have a stronger deterrence effect, as potential offenders would be aware that they could be quickly and effectively disqualified if found guilty of corrupt practices.
  • Public trust: A transparent, fair, and efficient disqualification process can help improve public trust in the electoral system. This is particularly important in a democracy like India, where the legitimacy of the government depends on the integrity of the electoral process.

However, simplifying the disqualification process should not compromise the rights of candidates to a fair hearing and the opportunity to present their case. It is essential to strike a balance between streamlining the process and ensuring that the principles of natural justice are upheld.

Conclusion:

While doing so, it is important to ensure that the rights of candidates are protected, and the principles of natural justice are upheld. Ultimately, this can help promote a more transparent, fair, and efficient electoral system, fostering greater public trust in the democratic process.

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Comprehensive coverage with a concise format
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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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