GS2 PYQ (Mains Answer Writing): RPI Act 1951 | Indian Polity for UPSC CSE PDF Download

“There is a need for simplification of Procedure for disqualification of persons found guilty of corrupt practices under the Representation of peoples Act”. Comment. (UPSC GS2 Mains)

Section 8A of Representation of People Act 1951 provides procedure for disqualification of persons found guilty of corrupt activities and Section 123 of RPA 1951 defines the corrupt practices. Despite these sections lot of people who are guilty of corruption are getting elected to parliament and state legislatures undermining the electoral process of Indian democracy. Procedure involved for disqualification 

• Election petition is filed against the corrupt person in High Court. 
• High Court gives the judgment, if the person found guilty then the matter is referred to President of India through Secretary General of RajyaSabha or LokSabha or State Legislature of India. 
• After this president sends the matter to Election Commission of India. (As per the provision of Constitution). 
• After analyzing the matter or verdict of High court ECI sends back its recommendation to the president 
• Finally President issues a notification for the disqualification of member guilty of corrupt practices and barred from contesting election. Need of simplification and Complexities involved in the procedure 
• Judicial process itself is time consuming. There are nearly 50 lakhs cases are pending in the High Courts. 
• Judgment often delayed and low conviction rates. 
• Election Petitions are admitted only after elections are over, so there is inordinate delay in filling election petitions in high courts. 
• It has been seen that there is delay while referring the decision of High court to president. ECI with inadequate staff delays the recommendation to president. 
• Influential people mostly manages and escape the conviction. All these process stretches the procedure and by the time president issues a notification for disqualification, the corrupt person has already served for 5 years. Ways to simplify the procedures. 
• Decisions of High courts should be directly sent to Election Commission of India which will avoid inordinate delays. 
• There is urgent need to bring reforms in ECI - providing them with adequate staff so that they can process the entire procedure faster. 
• Fast tracking the processes related to election petition by establishing Fast track courts. 
• Establish more benches of High court on a priority basis to resolve the election petition which will increase the conviction rates and will check corrupt persons entering the electoral process. 
• Amending RPA 1951 to bar the candidates even at the trial stage for corrupt practices and heinous crimes. 
• Finally, election petitions should be admitted before election. Conclusion: In the recent times Indian electoral system is facing various issues like criminalization of politics, increasing use of money and muscle power etc. because of low conviction rate of corrupt persons in politics. So, the need of hour is to reform and simplify the procedures related to disqualification of persons found guilty of corrupt practices under the Representation of peoples Act 1951.

Topics Covered - RPA 1951