Corrupt Practices under RPA Act 1951

Why in news?

• Recently, the Supreme Court (SC) has said that providing false information about electoral candidate’s educational qualification is NOT a Corrupt Practice under RPA (Representation of People’s Act) Act 1951.
• The SC observed that no one in India votes for a candidate based on their educational qualifications.

Corrupt Practices under the RPA, 1951:

• Section 123:
  • It defines ‘corrupt practices’ to include bribery, undue influence, false information, and promotion or attempted promotion of “feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language” by a candidate for the furtherance of his prospects in the election.
• Section 123 (2):
  • It deals with ‘undue influence’ which it defines as “any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the consent of the candidate or his election agent, with the free exercise of any electoral right.”
  • This could also include threats of injury, social ostracism and expulsion from any caste or community.
• Section 123 (4):
  • It extends the ambit of “corrupt practices” to the intentional publication of false statements which can prejudice the outcome of the candidate’s election.
  • Under the provisions of the Act, an elected representative can be disqualified if convicted of certain offences; on grounds of corrupt practices; for failing to declare election expenses; and for interests in government contracts or works.

Supreme Court previous judgment on ‘Corrupt Practices’:

• Abhiram Singh v/s C.D. Commachen 2017:
  • Election will be annulled if votes are sought in the name of a candidate’s religion, race, caste, community, or language, as per Section 123 (3) which prohibits the same.
• SR Bommai case 1994:
  • Secularism is a part of the ‘basic structure’ and encroachment of religion into secular activities is strictly prohibited, citing subsection (3) of Section 123 of the RPA Act, 1951.
• S. Subramaniam Balaji case 2013:
  • It held that promises of freebies cannot be termed a corrupt practice.
• Peoples Union for Civil Liberties v/s Union Of India, 2004:
  • It cannot be said that any inconsistency or error in the affidavit of a candidate regarding his educational qualification would amount to corrupt practice.

PRACTICE QUESTION

Which of the following are corrupt practices included under Representation of People’s Act 1951?

1. Inconsistency or error in the affidavit of a candidate regarding his educational qualification

2. If votes are sought in the name of a candidate’s religion

3. If candidates fails to declare election expenses

Select the correct answer using the code given below:

(a) 1 and 3 only

(b) 2 only

(c) 2 and 3 only

(d) 1,2 and 3

Answer