Roadmap for Answer Writing 1. Introduction Brief Overview: Begin with a concise introduction about the Ninth Schedule, its historical context, and its role in the Indian Constitution. Fact: The Ninth Schedule was introduced by the First Amendment Act of 1951. Purpose: It was designed ...
Model Answer Introduction Section 8A of the Representation of the People Act, 1951, introduced through the Election Laws (Amendment) Act, 1975, plays a crucial role in maintaining the integrity of India's electoral process. Its primary aim is to ensure that elections remain fair, transparent, and frRead more
Model Answer
Introduction
Section 8A of the Representation of the People Act, 1951, introduced through the Election Laws (Amendment) Act, 1975, plays a crucial role in maintaining the integrity of India’s electoral process. Its primary aim is to ensure that elections remain fair, transparent, and free from corruption, thereby reinforcing the democratic values of the country.
Combating Corruption and Electoral Malpractices
The key objective of Section 8A is to disqualify candidates who have been convicted for corrupt practices such as bribery, undue influence, or other electoral malpractices. By preventing such individuals from contesting elections, the provision seeks to uphold the purity of the electoral process and deter potential offenders from exploiting the system. This helps maintain the trust of the public in the electoral system.
Long Duration of Disqualification
Section 8A imposes a disqualification period of six years from the date of conviction. This extended duration prevents convicted individuals from immediately re-entering the electoral process, thus reducing the risk of recidivism and encouraging long-term accountability. By ensuring that offenders are kept out of the political arena for a substantial period, it acts as a deterrent against corrupt practices. Strengthening Democracy and Public Trust
By eliminating candidates involved in corrupt practices, Section 8A helps maintain fair representation, equal opportunity, and the active participation of citizens in the democratic process. This strengthens public confidence in elections, ensuring that only candidates with a clean track record can contest. In this way, it promotes the core democratic principles of fairness and equality.
Challenges and Limitations
Despite its importance, Section 8A faces certain challenges. The complexity of investigating and prosecuting corruption cases, coupled with delays in judicial processes, can undermine its effectiveness. Moreover, the provision’s broad language may be misused for political motives, with false accusations being leveled against opponents. These issues can weaken public faith in the system, making timely implementation critical.
In conclusion, while Section 8A is vital in safeguarding India’s electoral integrity, addressing its challenges is necessary to ensure it operates effectively and equitably.
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Model Answer The Ninth Schedule was introduced by the First Amendment of the Indian Constitution in 1951, primarily to protect certain laws from judicial scrutiny. It was designed to safeguard land reform laws and other legislations aimed at achieving social and economic justice, aligning with the gRead more
Model Answer
The Ninth Schedule was introduced by the First Amendment of the Indian Constitution in 1951, primarily to protect certain laws from judicial scrutiny. It was designed to safeguard land reform laws and other legislations aimed at achieving social and economic justice, aligning with the government’s welfare objectives. The inclusion of the Ninth Schedule allowed for laws dealing with land reforms, abolition of zamindari, and redistribution of land to be insulated from challenges based on the violation of fundamental rights (FR). This was particularly important in the post-independence period, when various state and central governments were enacting legislation to promote social and economic welfare in the face of entrenched landholding structures.
Judicial Review of Laws in the Ninth Schedule
Initially, the Supreme Court upheld Parliament’s power to amend the Constitution, including placing laws in the Ninth Schedule, as seen in the case of Shankari Prasad vs. Union of India (1951). The Court held that such amendments could not be challenged on the grounds of violating fundamental rights. The Sajjan Singh vs. State of Rajasthan (1964) case further reaffirmed this stance, upholding the 17th Amendment that placed land acquisition laws in the Ninth Schedule.
However, this position shifted in I.C. Golaknath & Ors. Vs. State of Punjab (1967), where the Court ruled that any constitutional amendment abridging fundamental rights was void. The landmark decision in Kesavananda Bharati vs. State of Kerala (1973) established the “basic structure” doctrine, asserting that no amendment could alter the Constitution’s basic structure, though it did not specifically address the Ninth Schedule.
The case of Waman Rao vs. Union of India (1981) provided a crucial distinction: laws placed in the Ninth Schedule before April 24, 1973, were immune to judicial review, but those added after that date were subject to it. This was further reinforced by the I.R. Coelho vs. State of Tamil Nadu (2007), where the Court ruled that any law added to the Ninth Schedule after April 24, 1973, could be reviewed for its constitutionality.
Conclusion
The Ninth Schedule was introduced with the objective of protecting land reform laws and advancing social justice, but over time, the judiciary has developed a more nuanced approach to its review, balancing legislative intent with the protection of fundamental rights.
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