UPSC Previous Year Question | Mains GS2 | 2025

Discuss the ‘corrupt practices’ for the purpose of the Representation of the People Act, 1951. Analyze whether the increase in the assets of the legislators and/or their associates, disproportionate to their known sources of income, would constitute ‘undue influence’ and consequently a corrupt practice. (Answer in 150 words)

Answer

Introduction

The RPA, 1951 protects electoral choice by penalising practices that distort voter autonomy.

Analysis

Law

  • Section 123 covers bribery, undue influence, communal appeals, false statements and prohibited expenditure.
  • Undue influence requires threat, coercion or inducement affecting free voting.

Way Forward Or Assessment

Asset test

  • Disproportionate assets alone do not satisfy Section 123; they may attract anti-corruption, tax or benami scrutiny.
  • If wealth finances cash, liquor or gifts to voters, the proven nexus may establish bribery or undue influence.

Keywords

Keywords: polity, elections, RPA 1951, corrupt practices

Topics: corrupt practices, elections, polity, rpa 1951