Electoral reforms and recent landmark Judgements

Aurelio

Recent Judgements , one from CIC ( political parties under RTI) and two from SC( debarring jailed contestants and loss of membership on conviction) has brought new life to not only Electoral but Political Reform in the country.

Also Representation of People Act specifically mentioned in course we can expect questions related to view on these judgments , changes needed further to strengthen the democracy , views of EC/Political parties/Civil Society etc .

Opening this thread to discuss relevant topics related to Political reforms in country ...
We can start with discussing merit/demerit of these judgments and how far they can go to change the system

F0EHAMMER

Merits of these judgements are the obvious reasons why honorable SC delivered the much highlighted judgements.
I think the judgement barring politicians or any convicted under custody to contest an election is a laudable one considering the increasing number of antisocial & unscruplous elements entering into our poilitical system so much that it has become a set mentality where people believe that a criminal background has become a value-added and somewhere the sole qualification in one's resume to get a party ticket.
This judgement will prohibit further criminalisation of politics in our country.While those convicted. on bail will still be.qualified to contest but with time they are surely to come under laws purview.
These judgments are also not without their fair share of complications :
1).What if a govt is a coalition one & is resting on very thin majority & a candidate is disqualified.The judgement is silent on the practical needs that it should address.
2).What if convicted person gets acquitted on appeal when in legislature?
3).While its a progressive step,still it will encourage vendetta politics with party in power trying to frame politicians fighting against govt ,by imposing false allegations against them.
All above lacunae need to be addressed but inspite of all above shortcomings the judgement is commendable as it reaffirms my faith in SC of india .
Atleast one institution is still there to protect our democratic ethos.

Benjamin_Gates

Section 8(4) of RP Act already upheld by Constitution Bench: Legal experts

http://www.thehindu.com/todays-paper/tp-national/section-84-of-rp-act-already-upheld-by-constitution-bench-legal-experts/article4913495.ece

abhish0001

I see one problem in SC judgement and that is SC is vesting too much confidence on the lower judiciary and that too when lower judiciary is more likely to be influenced by the politics. This is a big question mark on the effectiveness of this judgement.
One more way of circumventing this judgement is that if a person gets convicted and not able to contest, then his/her family members will do.
What about false cases against politicians by the political parties with vested interests.