The Representation of the People Act (RPA), 1951 lays down provisions to ensure free and fair elections in India. Section 123 of the Act explicitly defines “corrupt practices” by candidates and their agents, which, if proved, can result in disqualification and even annulment of election results.

Corrupt Practices under RPA, 1951

Bribery (Section 123(1)):

• Promotion of Enmity or Hatred among communities.
• Use of Government Machinery/Official Position for electoral gains.
• Includes indirect benefits like loan waivers targeting specific voter groups
• Publication of False Statements regarding candidates.
• Exceeding Prescribed Expenditure Limits.

Undue Influence (Section 123(2)):

• Threats and intimidation against voters or candidates
• Abuse of official position to influence electoral outcomes
• West Bengal 2021: Allegations of using police machinery to intimidate opposition voters

Appeal to Religion/Caste (Section 123(3)):

• Seeking votes based on religious or communal grounds
• Uttar Pradesh 2022: Multiple cases filed for divisive campaign speeches
• Includes hate speech targeting specific communities

Publication of False Statements (Section 123(4)):

• Spreading fabricated information about candidates' character or conduct
• Social media disinformation campaigns fall under this category
• Tamil Nadu 2021: Cases filed for morphed videos of candidates

Booth Capturing (Section 123(8)):

• Forcible occupation of polling stations
• Preventing legitimate voters from casting ballots

Disproportionate Assets and Undue Influence Analysis

Legal Framework Gaps:

• Asset increase alone doesn't constitute corrupt practice under RPA, 1951
• Requires proof of direct electoral influence through accumulated wealth
• Prevention of Corruption Act, 1988 addresses disproportionate assets separately

Judicial Precedents:

• Lily Thomas case (2013): Pertains to the Supreme Court of India’s judgment that invalidated Section 8(4) of the Representation of People Act. This provision allowed a three-month period for convicted legislators to appeal before disqualification.
• Association for Democratic Reforms (2020): Emphasized transparency in asset declarations
• Krishnamoorthy case (2015): Clarified that substantial asset increase needs direct electoral connection

Emerging Challenges:

• Benami properties and shell companies obscuring actual ownership
• Cryptocurrency holdings creating new disclosure complexities
• Cross-border investments complicating asset verification

Strengthening electoral integrity requires amendments linking disproportionate assets to undue influence. The Election Commission's 2024 guidelines on enhanced scrutiny represent progress toward comprehensive electoral reforms.