Q1. There is a need for simplification of Procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act”. Comment

Model Answer:

Introduction

The RPA is a crucial piece of legislation that governs the conduct of elections in India. 

Body

Section 123 of Representation of People’s Act,1951 provides for disqualification on the grounds of corrupt practices - 

• 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. 

The current procedure for disqualification under the RPA is often criticized for being cumbersome and time-consuming. 

Current Procedure 

Under Section 8A of the RPA, a person found guilty of corrupt practices can be disqualified from contesting elections for up to six years.

 However, the process involves several steps - 

• The case must be tried by the High Court. 
• If found guilty, the President of India must be informed. 
• The Election Commission must then give its opinion. 
• Based on this, the President decides on disqualification.

This process can take years, during which the guilty person may continue to hold office or contest elections. 

Need for Simplification

The primary reasons for simplifying this procedure include - 

• Speedy justice: To ensure that corrupt politicians are quickly removed from office. 
• Deterrence: To create a stronger deterrent against corrupt practices.
• Public faith: To improve public trust in the electoral system.

Proposed Simplifications

• Automatic disqualification: Upon conviction by the High Court, disqualification could be automatic, subject to appeal.
• Time-bound process: Implementing strict timelines for each step of the disqualification process.
• Empowering Election Commission: Giving the EC more authority in the disqualification process to reduce dependence on executive decisions.
• Fast-track courts: Establishing special courts to handle cases of electoral corruption more swiftly.

Conclusion

In conclusion, simplifying the disqualification procedure under the RPA is crucial for maintaining the integrity of India's electoral system. By streamlining the process, India can more effectively combat political corruption and enhance public faith in its democratic institutions.

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