“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 IAS Mains 2020 General Studies Paper – 2)
Section 8 of the Representation of People’s Act, 1951 deals with the provisions of disqualifications of persons found guilty of corrupt practices in election. These provisions include disqualification on the grounds of election offences, conviction for any offence resulting in the imprisonment for two or more years, failure to give account of election expenses within time, corruption or disloyalty, holding office under Government company, promoting enmity between different groups or offence of bribery and preaching or practising of social crimes like untouchability, dowry, etc.
Need for simplification
- The law does not include provisions for barring individuals who have criminal cases pending against them from contesting elections.
- Due to the slow progress of cases in the judiciary, the judgement takes a long time to get settled and a disqualification based on conviction becomes ineffective.
- Lower rates of conviction in offences in India. According to a report by Association of Democratic Reforms in 2014, 30% of sitting MPs and MLAs were facing criminal proceedings against them, but of that only 0.5% were convicted in a Court of Law.
- There have been instances of political influences by the MPs and MLAs over the witness and the whistleblowers, thereby diluting the cases against them.
Way Forward
- Setting up of fast-track courts to deal with election offences.
- Barring those from contesting elections who have been charged for heinous crimes and corrupt practices.
- Giving protection to the whistleblowers and witnesses during the course of investigation.
- Setting up an independent agency to investigate electoral offences.
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