DIRECTION FOR QUESTIONS: Read the following passages carefully and answer the questions that follow:
Elections are the nerve centre of democratic politics. They bestow power on certain individuals charged with representing the will of the people in legislature. But can an individual of questionable integrity charged with criminal cases be given the opportunity to represent the interest of the entire citizenry? Is it in the fairness of the electoral system to allow such person/ s to determine the political outcome in a democracy?
A fine balance should have been carved by our apex court by giving a serious thought to certain ‘safeguards’ already proposed by our Election Commission in 1998: 1) candidates charged with heinous offences like murder, dacoity, rape, kidnaping or moral turpitude be barred from contesting elections; 2) such cases must have been registered six months before the election; and 3) the court should have framed the charges punishable with minimum sentence of five years.
The recommendations of the Law Commission in 1999, in its 170th report and National Commission for Review of the Working of the Constitution in 2002 were more and less on the same lines.
In the past, in Lily Thomas v. Union of India (2013), the Supreme Court had strengthened the parameters of qualification by declaring Section 8(4) of Representation of People Act, 1951 as ultra vires of the Constitution. The apex Court proactively held that any legislator/parliamentarian convicted of a crime and awarded a minimum of two-year imprisonment loses membership of the House with immediate effect and a person who is in jail or in police custody cannot contest election to legislative bodies.
We must agree that the gradual loss of citizen’s confidence in rule of law is equally conditioned by seeing their elected representatives continuing to hold law-making offices despite credible criminal charges against them. Courts are less to blame than the Code made by Parliament and Governments are guilty of denying or delaying basic amenities for the judiciary to function smoothly. But unfortunately, parliamentary and pre-legislative exercises spread over several years have hardly done anything radical to remove this vested illicit interest.
[Source-https://www.thestatesman.com/supplements/law/electoral-system-a-reforms-bus-missed-1502703420.html]
Question 1:
Bhola Ram, is a big landowner in the district of Patiala, Punjab. He is planning to contest the next Punjab Assembly elections due to be held in 2021. Bhola Ram’s sons are known goons of the area for beating up landless farmers who do not pay up the rent. Bhola Ram alongwith his son beat up two dalit farmers for not paying rent. One farmer, Shambhu, succumbed to the injuries. Case was filed against Bhola Ram and his son for culpable homicide. Trial court convicted Bhola Ram and his sons and sentenced them for 4 years of imprisonment in March 2020. Can Bhola Ram contest elections in 2021?
a) No, his quantum of punishment is more than 2 years.
b) Yes, Bhola has not been convicted by the Supreme Court yet.
c) No, ethically no party will give him ticket now.
d) Yes, election commission is yet to frame law against convicted candidates.
Question 2:Bhola Ram, is a big landowner in the district of Patiala, Punjab. He is planning to contest the next Punjab Assembly elections due to be held in 2021. Bhola Ram’s sons are known goons of the area for beating up landless farmers who do not pay up the rent. Bhola Ram alongwith his son beat up two dalit farmers for not paying rent. One farmer, Shambhu, succumbed to the injuries. Case was filed against Bhola Ram and his son for culpable homicide. Trial court proceedings are on going against Bhola Ram and his sons as of March 2020. Can Bhola Ram contest elections in 2021?a) No, his quantum of punishment will be more than 2 years for committing a crime.b) Yes, Bhola has not been convicted by the Supreme Court yet.c) No, ethically no party will give him a ticket now.d) Yes, his trial is still ongoing with no conviction yet.
Question 3:Indira Gandhi has been the PM of the country for 9 years. She is contesting for reelection in backdrop of Emergency imposed by her and rising poverty in the country. She wins her seat but loses her party majority in the house. The new government opens enquiry commission against her to investigate against her crimes. The commission finds large scale favours to business houses and also of using state machinery for personal use. Will the candidature of Ms. Gandhi be declared void after findings of the commission against her? Decide.a) No, the commission has not announced any specific punishment for her actions.b) Yes, the findings of commission prove her crimes.c)No, the commission is not a judicial body but merely an administrative enquiry.d)Yes, an ex-PM being indicted for crimes should resign for sake of constitution.
Question 4:Indira Gandhi has been the PM of the country for 9 years. She is contesting for reelection in backdrop of Emergency imposed by her and rising poverty in the country. She wins her seat but loses her party majority in the house. The new government opens enquiry commission against her to investigate against her crimes. Meanwhile, an Allahabad HC bench affirms trial court’s order for use of state machinery for campaigning by Ms Gandhi during the previous elections of 2014, meaning she was wrongfully PM for past 5 years. Will the candidature of Ms. Gandhi be declared void for the current assembly tenure? Decide.a)No, the court has not announced any specific punishment for her actions.b)Yes, the findings of court prove her crimes.c)No, the case relates to previous elections and not the current one.d)Yes, an ex-PM being indicted for crimes should resign for sake of constitution.
Question 5:Bhola Ram, is a big landowner in the district of Patiala, Punjab. He is planning to contest the next Punjab Assembly elections due to be held in 2021. Bhola Ram’s sons are known goons of the area for beating up landless farmers who do not pay up the rent. Bhola Ram alongwith his son beat up two dalit farmers for not paying rent. One farmer, Shambhu, succumbed to the injuries. Case was filed against Bhola Ram and his son for culpable homicide. Bhola Ram and his sons were convicted in 2016 for 5 years of imprisonment. Assembly elections are due in 2021 when Bhola Ram will be in Jail. He will be a free man during the tenure of the assembly. Can Bhola Ram contest assembly elections?a)No, Bhola Ram cannot file for election while being in Jail.b)Yes, Bhola Ram need not campaign for himself to get elected.c)No, ethically no party will give him a ticket now.d)Yes, Bhola Ram has paid for his sins and can now give back to the society.
Question 6:Jaswant Singh is an MP and the foreign minister of India. A recent newspaper report declares that he has been found taking bribes for issuance of working visas from a set of tech companies. A Joint Parliamentary Committee also finds the newspaper paper story to be correct. There are huge protests happening against the minister. Has Jaswant Singh lost his candidature to the parliament? Decide.a)No, the commission has not announced any specific punishment for his actions.b)Yes, the findings of commission prove his crimes.c)No, the commission is not a judicial body but merely an administrative enquiry.d)Yes, as a MP being indicted for crimes he should resign for sake of constitution.
Question 7:Bhola Ram, is a big landowner in the district of Patiala, Punjab. He is planning to contest the next Punjab Assembly elections due to be held in 2021. Bhola Ram’s sons are known goons of the area for beating up landless farmers who do not pay up the rent. Bhola Ram alongwith his son beat up two dalit farmers for not paying rent. One farmer, Shambhu, succumbed to the injuries. Case was filed against Bhola Ram and his son for culpable homicide. Trial court convicted Bhola Ram and his sons and sentenced them for 4 years of imprisonment in March 2020. They have filed an appeal before the High Court and the appeal is not pending before High Court. Can Bhola Ram contest assembly elections?a) Yes, Bhola Ram is only an under trial with case pending before HC.b) No, Bhola Ram is under trial for a heinous crime.c) No, ethically no party will give him a ticket now.d) Yes, Bhola Ram has paid for his sins and can now give back to the society.
Explanation With Answers
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