Topic: Structure, organization and functioning of the Executive and the Judiciary
Q4. Assess the impact of judicial delays in election-related disputes on representative democracy. What reforms are necessary to address the problem? (10 M)
Difficulty Level: Medium
Reference: TH
Why the question
Prolonged election litigation and delayed adjudication of electoral disputes have renewed focus on their impact on democratic legitimacy, representative accountability and electoral justice.
Key Demand of the question
The question requires examining how delays in resolving election-related disputes affect representative democracy and democratic institutions. It also demands suggesting institutional, legal and procedural reforms to ensure timely disposal of electoral cases.
Structure of the Answer:
Introduction
Briefly mention the constitutional significance of election petitions under Article 329(b) and the importance of timely electoral justice in sustaining representative democracy.
Body
- Impact on representative democracy: Explain how prolonged litigation affects democratic legitimacy, accountability of elected representatives and public confidence in electoral institutions.
- Reforms for timely electoral justice: Suggest judicial, legislative and technological measures for faster disposal of election disputes and strengthening electoral adjudication mechanisms.
Conclusion
Conclude with the need to align electoral justice with democratic timelines so that legal remedies remain meaningful and representative governance retains public trust.
