Simplifying procedures for disqualifying individuals guilty of corruption under the Representation of Peoples Act is imperative. Streamlining the process enhances accountability, strengthens democratic values, and ensures effective deterrence against corruption in electoral practices, fostering a more transparent and accountable political system.
UPSC Mains General Studies Paper – 2 Mains 2020
UPSC Mains Civil Services IAS Exam Question Paper – 2020
Tags: Salient features of the Representation of People’s Act.
Approach
- In Introduction, try to mention about the election’s scenario in India.
- In Body,
- Discuss RPA and its Key Provisions.
- RPA Provisions for Disqualification on account of Corrupt Practices.
- Challenges leading to the need of simplification.
- Try to conclude with a way forward to strengthen the ECI.
Answer
Elections are a very potent and periodic tool at the hand of Indian citizens to hold the government accountable. Yet this is marred with many issues like criminalization of politics, polarization for vote banks etc. The Representation of the Peoples Act (RPA), 1951 deals with the conduct of elections to the parliament and state legislatures. It also covers the qualifications and disqualifications for the membership of these Houses, the corrupt practices and other election offences.
Section 123 of Representation of People’s Act,1951 provides for disqualification on the grounds of corrupt practices like
- Bribery i.e. any gift/offer/promise or gratification to any person as a motive or reward.
- Undue influence i.e. any direct or indirect interference on part of the candidate with the free exercise of any electoral right.
- Publication by a candidate any statement of fact which is false.
- Promotion of feelings of enmity or hatred between different classes of citizens.
- The incurring of expenditure more than the stipulated limit.
Procedure of Disqualification under RPA
- The procedure of disqualification under the corrupt practices can be started only after the election is over and only in an election petition submitted in the State High Court in accordance with the provisions of Article 329 of the Constitution.
- Section 8 (3) of the Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/she will be disqualified for 6 years from the time of release.
- Despite such an elaborate classification of corrupt practices that could potentially nullify the election of a candidate, electoral malpractice continues to flourish.
Simplification will involve
- Special Election Benches: The Law Commission of India in 254th Report has recommended Special Courts be set up at the level of the High Courts (with direct appeal to the Supreme Court) to assess the legality of charges framed against potential candidates and dispose of the cases in a strict time frame.
- Stringent application of Section 125A: The Commission recommended that the punishment under Section 125A of RPA must be made more stringent by providing for imprisonment of a minimum term of two years and by doing away with the alternative clause for fine. Additionally, conviction under Section 125A RPA should be made a part of Section 8(1)(i) of the Representation of People Act, 1950.
- Expanding Scope of Section 8: Second ARC recommended that Section 8 of RPA needed to be amended to disqualify all persons facing charges related to grave and heinous offences (viz. murder, abduction, rape etc.) and corruption, where charges have been framed six months before the election.
- False Affidavit Filing: Second ARC also supported the proposal of including filing of false affidavits as an electoral offence under Section 31 of Representation of the People Act, 1950 as recommended by the Election Commission in the year 1998.
Conclusion
Revising the list of corrupt practices, and taking prompt actions accordingly fast-tracked by means of setting up of special courts, amending IPC and the RP Act further would not let those who make the law break it. A law is effective when its understanding reaches to the common among commoners. If RPA is made sufficiently simpler and elaborate on the processes, it will be easy for voters to demand for the just representation of people.
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