Table of Contents:
- Critically examine the main elements of the representation of People's Act India.
- "There is a need for simplification of procedure for disqualification of person found guilty of corrupt practices under the Representation of People Act". Comment.
- Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under the Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws.
Question.
Critically examine the main elements of the representation of People's Act India.
( UPPSC, UP PCS Mains General Studies-II/GS-2 2019)
Answer.
The Representation of the People Act (RPA) 1951 in India is a crucial part of legislation that governs the conduct of elections and the qualifications and disqualifications of elected representatives in the country.
This Act has been instrumental in ensuring the smooth functioning of the electoral process.
Let us critically examine some of the main elements of the Representation of the People Act:
Conduct of Elections:
The Representation of the People Act (RPA) outlines the process for conducting elections, including the preparation of electoral rolls, the delimitation of constituencies, and the conduct of polls. It has largely contributed to the conduct of free and fair elections in India, which is the cornerstone of the country's democratic system.
Critique:
Despite improvements in the electoral process, there have been instances of voter fraud, electoral malpractices, and the use of money and muscle power to influence elections. Some critics argue that more stringent measures are needed to curb these practices effectively.
Qualifications and Disqualifications:
The Representation of the People Act (RPA) specifies the qualifications required to contest elections and the grounds for disqualification of elected representatives. It defines certain disqualifications, such as bankruptcy, conviction for certain offenses, and holding an office of profit.
Critique:
The Act has faced criticism for certain provisions that allow candidates with criminal records to contest elections. Critics argue that stricter regulations are needed to prevent the entry of individuals with criminal backgrounds into the political system.
Election Expenditure:
The Representation of the People Act (RPA) places limits on election expenditures for candidates and political parties. It aims to curb excessive spending and maintain a level playing field.
Critique:
There have been concerns about the practicality and enforceability of expenditure limits, as candidates and parties often find ways to circumvent these restrictions through various means.
Voter Registration and Accessibility:
The Representation of the People Act (RPA) provides for the registration of eligible voters and ensures that they have access to polling stations for voting.
Critique:
While efforts have been made to increase voter registration and accessibility, certain sections of society, such as migrant workers and marginalized communities, still face challenges in exercising their voting rights.
Electronic Voting Machines (EVMs):
The Representation of the People Act (RPA) allows for the use of EVMs in elections, which has streamlined the voting process and reduced manual errors.
Critique:
Some critics have raised concerns about the security and tamper-proof nature of EVMs, calling for additional safeguards to ensure the integrity of the electoral process.
Campaign Finance and Political Funding:
The Representation of the People Act (RPA) regulates political funding and requires parties to disclose their sources of income and expenses.
Critique:
Critics argue that the Act lacks sufficient transparency in political funding, leading to questions about the influence of money in politics and the need for comprehensive campaign finance reforms.
Postal Voting:
The Representation of the People Act (RPA) allows for postal voting for certain categories of voters, such as armed forces personnel and government officials on duty.
Critique:
While postal voting is intended to facilitate participation, there have been concerns about the potential misuse of this provision and the need to ensure the secrecy and security of postal ballots.
In conclusion, the Representation of the People Act has played a pivotal role in shaping the electoral process in India and upholding the democratic principles of free and fair elections. However, it is not without its shortcomings and areas that require improvement. Critics argue that the Act needs regular review and reform to address challenges such as electoral malpractices, criminalization of politics, political funding transparency, and voter accessibility.
Question.
"There is a need for simplification of procedure for disqualification of person found guilty of corrupt practices under the Representation of People Act". Comment.
( UPSC, Mains General Studies-II/GS-2 2020)
Answer.
The Representation of the People Act 1951 in India is a key legislation that governs the conduct of elections and the qualifications of members in both the Lok Sabha (lower house) and the Rajya Sabha (upper house) of the Indian Parliament.
Section 8 and 123 of the Representation of the People Act 1951 outlines disqualifications on the ground of corrupt practices.
The disqualification procedure for the person started only after the election is over and the petition is filed in High Courts. Despite such procedures, there is a wide range of corruption and malpractices that continue to flourish in the political system. That means, either provision of The Representation of the People Act 1951 to disqualify the person for corrupt practice is complex or it is not effective.
Therefore, there is a need to simplify the procedure for disqualifying individuals found guilty of corrupt practices under the Representation of the People Act could, which will increase efficiency and effectiveness in addressing electoral misconduct.
There is a need to expand the scope of Section 123 and Section 8 of The Representation of the People Act 1951 to include the wide range of corrupt practices.
There is a need to establish "Special Election Benches" to dispose of the corrupt practices of political representatives within the time frame.
Streamlining the process could reduce legal complexities, faster decision-making, and ensure a more timely response to cases of corruption. However, it's important to strike a balance between simplification and maintaining a fair and just process to avoid any potential misuse or arbitrary actions.
Question.
Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under the Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws.
( UPSC, Mains General Studies-II/GS-2 2022)
Answer.
Under the Representation of the People Act, 1951, disputes arising from the election of a Member of Parliament or State Legislature are resolved through the Election Petition process. An aggrieved party can file an Election Petition in the respective High Court challenging the election of a returned candidate. The grounds on which the election of a candidate may be declared void include:
Corrupt Practices: Instances of bribery, undue influence, or any other corrupt practice during the election process.
Illegal Practices: Violation of election laws or rules, such as impersonation, illegal expenses, etc.
Non-disclosure of Information: Failure to disclose information required by law, like a criminal record, assets, etc.
Disqualification: If the candidate is disqualified under specific provisions of the Constitution or other laws.
Invalid Nomination: If the nomination of a candidate was not in accordance with the law.
The aggrieved party can file an Election Petition within 45 days of the election results being declared. The Election Petition goes through a trial process, where evidence is presented by both the petitioner and the respondent. The High Court then decides whether the election should be declared void based on the merits of the case.
A notable case is that of G. Narayanaswami Naidu vs. Ramanuja Thathachari, where the Supreme Court held that an election can be declared void if it is shown that corrupt practices have materially affected the result of the election.
In the case of Jaganmohan Reddy vs. N. Chandrababu Naidu, the Supreme Court emphasized that the standard of proof required in an Election Petition is higher than in a regular civil case, as the credibility of the election process is at stake.
If the High Court declares the election void, a by-election is conducted. However, if the Election Petition is dismissed, the elected candidate's position remains unaffected.
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