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.
2025
GS Paper II
10 marks
Model answer
The Representation of the People Act (RPA), 1951 identifies certain electoral misconducts as “corrupt practices” to preserve the fairness and freedom of elections. These provisions aim to protect voters from inducement, coercion, communal appeals and misinformation. **Bribery [Section 123(1)]:** Offering gratification to influence a person to vote, abstain from voting or contest an election. **Undue influence [Section 123(2)]:** Direct or indirect interference with the free exercise of electoral rights through threats, coercion or spiritual pressure. **Communal appeals [Section 123(3)]:** Seeking votes in the name of religion, race, caste, community or language. **Promotion of enmity [Section 123(3A)]:** Promoting hatred between groups on religious, racial, caste or linguistic grounds. **False statements [Section 123(4)]:** Publishing false statements regarding the personal character or conduct of a candidate. **Government machinery:** Securing assistance from government servants or misusing official machinery for electoral advantage. **Asset disclosure:** Candidates must disclose their assets, liabilities and sources of income.