UPSC Previous Year Question | Mains GS2 | 2020

There is a need for simplification of Procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act. Comment. (Answer in 150 words)

Answer

Introduction

The Representation of the People Act, 1951 provides for disqualification of persons found guilty of corrupt practices, but the existing process is prolonged and procedurally complex.

Legal Framework

Under Sections 8A and 123, disqualification for corrupt practices follows a finding by the High Court in an election petition. The matter is referred to the President, who decides after obtaining the Election Commission’s opinion. The process involves adjudication, appeals and constitutional consultation.

Need For Simplification

  • Delay: Election petitions and appeals may continue beyond the relevant electoral cycle.
  • Fragmented procedure: Multiple authorities and stages create uncertainty.
  • Weak deterrence: Delayed punishment permits candidates to contest repeatedly.
  • Public confidence: Transparent and time-bound action is essential for electoral integrity.

Suggested Reforms

Parliament should prescribe strict timelines for election petitions, establish dedicated election benches, clarify the evidentiary threshold, and provide automatic interim restrictions in serious cases subject to judicial safeguards. The Election Commission should receive adequate investigative support, while appellate remedies must remain available to prevent executive misuse.

Keywords

RPA 1951; Section 8A; corrupt practices; Election Commission; election petitions; time-bound adjudication; electoral integrity.

Topics: disqualification for corrupt practices, electoral reforms, indian polity, representation of the people act