Question 14GS2GS2

What constitutes corrupt practices under the Representation of the People Act, 1951? Also, discuss the challenges in curbing such malpractices and suggest remedial measures.

Main Body

Section 8, 8A and 9 of the Representation of People Act (CRPA, 1951) contains schedule of Corrupt practices and electoral malpractices.

Following are Corrupt Practices under RPA, 1951

(I) Booth Capturingby force.

(II) Use of bribes to affect voting.

(III) Not furnishing required information in election application.

(IV) Taking weapon inside electoral voting area.

(V) Not filing expenditure report.

Challenges in curbing such malpractices

1Rising Criminalization of Political system → [Eg] 45% of MP have criminal case

2Rising use of Money power in election— [Eg] Electoral Bond - Quid Pro Quo.

3Nexus of Criminals, politicians and law enforcement → highlighted by [Vibhra] Committee

4Cumbersome procedure under RPA, 1951-use of election petitions, etc.

5Independence of ECI → since 2004, no election commissioner has completed 5 year term.

6Slow Criminal Justice System→ 2009 Faisal Khan Case got judgement in 2022.

Remedial Measures to curb corrupt practices

1Simplification of RPA 1951 → election petition procedures.

2Strict timelines for judgements- Investigation in political crimes

3Creation of Special Fast Track Courts for political criminals.

4Electoral Funding → Germany Committee suggested partial State funding.

5SYL/Aurelii → suggested Electoral Trust.

6Safeguarding the independence of ECI → spirit of 'Anoop Baranwal Judgment'

A clean political and election Process is sine qua non for effective democracy.

221 words6 paragraphs

Conclusion

A clean political and election Process is sine qua non for effective democracy.

13 words

Examiner score

1.2/10

Open original scan

Page 32

Topper

Gaurav Chopra

AIR 832025

Subject & Paper

GS2GS2

Topic

Salient Features of the Representation of People's Act

Corrupt Practices

Corrupt Practices under RPA 1951

Writing Stats

234

Total words

Paragraphs

prescriptive

Tone