← All questionsGS2 · 2020 · Polity ·Disqualification for Corrupt Electoral Practices
QUESTION 1
GS2
10 marks

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

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7 min
150 words
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What the examiner wants

Comment on why the procedure to disqualify persons found guilty of corrupt practices under the RPA, 1951 needs simplification.

CommentGive your own view on the statement and back it with facts and examples.

Demand-wise check

  1. 1Present process: election petition in High Court → finding of corrupt practice (Section 123) → President decides disqualification on Election Commission's opinion (Section 8A), up to six years≈30 words
  2. 2Problems: long delays (petitions outlast the term), multiple stages, discretion on period≈30 words
  3. 3Reforms: time-bound trials, automatic disqualification on HC finding, EC's powers strengthened, fast-track election benches≈30 words
  4. 4Balance with fair hearing≈30 words

Open in about 20 words and close in about 20.

Answer plan

Current procedureProblems with exampleReformsConclusion

Where marks usually go

  • Confusing corrupt practices disqualification (Sec 8A) with conviction-based disqualification (Sec 8)
  • No reform suggestions

Draw this

  • Flowchart of the current procedure with delays marked

Value addition

  • LawSection 86(7) of the RPA asks High Courts to try election petitions within six months, but this is rarely met.Representation of the People Act, 1951
  • ReportThe Law Commission's 255th Report (2015) and the EC have recommended faster disposal of election petitions and wider disqualification provisions.Law Commission of India

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