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Question

"There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act". Comment.

This question was previously asked in
UPSC CSE 2020 (Prelims) CSAT Previous Year Paper (04-Oct-2020)

The call for simplifying disqualification procedures under the Representation of Peoples Act (RPA) for corrupt practices is indeed pertinent. Currently, the multi-layered legal recourse, including appeals and stays, often leads to inordinate delays. This allows individuals found guilty of serious transgressions to continue holding public office, eroding public trust in democratic institutions and the rule of law.

A streamlined process would ensure swifter justice, acting as a stronger deterrent against corruption and upholding the sanctity of elections. It would also reduce the period during which a convicted legislator can influence policy or benefit from public office. However, any simplification must be carefully balanced with robust safeguards to ensure natural justice and prevent arbitrary or politically motivated disqualifications, ensuring due process is not compromised. The aim is to enhance accountability without stifling legitimate political activity.

Answered By:

Sarvesh Jha

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Important Questions from GS2

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  2. Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?

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