‘There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practises under the Representation of Peoples Act.’ Comment.

Eradication of corruption from Politics and decriminalisation of Politics is a long-sought dream to achieve the ideals of Free and Fair election. The RPA 1951 is a legal intervention to check corrupt practises in elections.

RPA 1951:

Section 123 of RPA defines: What is the meaning of Corrupt practises and section 8 of RPA has a provision to disqualify individuals on the ground of corrupt practises. But the provisions of the act and the complexity of the procedure delays the conviction and thus the corrupt practises are continued:

● Section 62 (5) of RPA 1951: Person in Jail can contest election, but can’t vote. This provision has been nullified by the SC in Jan Chowkidar case, but the government restored it.

● Non-Uniformity in Disqualification: The section 8 (1), 8(2), 8(3) of RPA 1951 sets out different tenures for punishment for different cases, which is confusing and complex. E.g.: Section 8 (1) provides for imprisonment for 6 years, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. Section 8 (2) sentenced to imprisonment for not less than six months, shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

● Complexity in Procedure: After the election petition on the matter of corrupt practices in High court. Order of the High court is sent to the president through the secretary general and then ECI looks into the issue where judicial hearing is given to the affected party.

Need for simplification:

1. Reduce time for conviction: Often conviction under these laws takes a lot of time. This has reduced its effectiveness to prevent such offences in the country.

2. Demotivate offence: Simplification and faster resolution will act as a discouraging factor for reducing offence under the law. This will be beneficial in the long run.

3. De-criminalise politics: This will be a step towards decriminalising politics so that in future only eligible and people of dignity get to contest elections.

The key aspect of parliamentary democracy is free and fair elections, which can be achieved by cleansing the politics, free from corruption, free from criminals. In this regard, recent SC intervention on disclosure of criminal antecedents is a step in the right direction.