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What are the various issues pertaining to Section 8(3) of the Representation of People Act? Do you think that the restoration of Section 8(4) of the Representation of People Act 1951 can serve as a sort of fix for the aforementioned issues? Examine.

Topic: Salient features of the Representation of People’s Act.

4. What are the various issues pertaining to Section 8(3) of the Representation of People Act? Do you think that the restoration of Section 8(4) of the Representation of People Act 1951 can serve as a sort of fix for the aforementioned issues? Examine. (250 words)

Difficulty level: Tough

Reference: The HinduInsights on India

Why the question:

The article argues restoring the original intent of the Section 8(4) of the Representation of People Act 1951, could prevent unnecessary disqualifications and provide clarity to both lawmakers and the public

Key Demand of the question:

To write about the importance of section 8(3) of RP act and issues in it and restoration of Section 8(4)

Directive word:

Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction: 

Begin the giving the objective behind Section 8(3) of the Representation of the People (RP) Act.

Body:

First, write about the various features of Section 8(3) of the Representation of the People (RP) Act and its impact.

Next, write about the major issues surrounding Section 8(3) of the Representation of the People (RP) Act – ambiguity in language, discretionary power of the Election Commission, lack of clarity on exceptions and conditions, timing of disqualification, and concerns about the criminalization of politics etc.

Next, write about the steps that are needed to overcome the above and role of Section 8(4) of the Representation of People Act 1951 in doing so.

Conclusion:

Conclude by writing a way forward.