Topic: Salient features of the Representation of People’s Act
Q3. “Constitutional governance requires that accountability mechanisms uphold both public integrity and the rule of law.” Analyse the constitutional issues involved in removing holders of public office before conviction. Suggest suitable safeguards against misuse. (15 M)
Difficulty Level: Medium
Reference: IE
Why the question
The proposed Constitution (130th Amendment) Bill has revived debate on balancing executive accountability, public integrity, natural justice and the rule of law in constitutional governance.Key Demand of the question
The question requires explaining why accountability mechanisms should uphold both public integrity and the rule of law. It further asks to analyse the constitutional issues in removing holders of public office before conviction and suggest safeguards against possible misuse.Structure of the Answer:
Introduction
Briefly explain that constitutional governance requires balancing clean public administration with due process and constitutional safeguards.
Body
- Need to uphold public integrity and the rule of law: Explain why both principles are essential for constitutional governance.
- Constitutional issues in pre-conviction removal: Discuss the constitutional concerns arising from removing public office holders before conviction.
- Safeguards against misuse: Suggest constitutional, legal and institutional safeguards to ensure accountability without arbitrariness.
Conclusion
Conclude by emphasising that accountability mechanisms must strengthen constitutional morality by protecting both integrity in public life and individual rights.
