UPSC Mains 2025 GS Paper 2 Question Paper

Q. Discuss the ‘corrupt practices’ for the purpose of the Representation of the People Act, 1951. Analyze whether the increase in the assets of the legislators and/or their associates, disproportionate to their known sources of income, would constitute ‘undue influence’ and consequently a corrupt practice.

Introduction:
The Representation of the People Act, 1951 (RPA) defines corrupt practices to ensure free and fair elections, a basic feature of democracy recognised by the Supreme Court of India.

Corrupt Practices under RPA, 1951 (Section 123):

• Bribery (S.123(1))
  Giving/receiving gratification to influence voting.
  Includes money, gifts, liquor or any material inducement.
• Undue Influence (S.123(2))
  Direct or indirect interference with free exercise of electoral rights.
  Includes threats, coercion, social pressure, misuse of authority.
• Appeal on Religion, Caste, Community (S.123(3))
  Seeking votes on religious or communal identity.
  Clarified in Abhiram Singh v. C. D. Commachen (2017).
• Promotion of Enmity (S.123(3A))
  Speeches creating hatred between communities during elections.
• Publication of False Statements (S.123(4))
  False allegations regarding personal character or conduct of a candidate.
• Use of Government Machinery (S.123(7))
  Assistance from government servants or misuse of official position.
• Booth Capturing
  Included later through amendments to prevent electoral fraud.
• Exceeding Election Expenditure Limits (S.123(6))
  Spending beyond the limit prescribed by Election Commission of India.

Increase in Assets of Legislators and its Legal Implications

• Asset Disclosure Requirement
  Mandatory candidate affidavits as per Union of India v. Association for Democratic Reforms (2002).
• Transparency Reinforced
  Criminal, financial and educational disclosures mandated in PUCL v. Union of India (2003).
• Disproportionate Asset Growth Issue
  Studies by Association for Democratic Reforms show many legislators report significant asset increases between elections.

Does Disproportionate Asset Growth Constitute ‘Undue Influence’?

• Direct Position:
  Mere increase in assets does not automatically constitute corrupt practice under RPA.
• Possible Link to Undue Influence if:
  • Wealth used for bribery or vote buying.
  • Money used to create economic dependency or inducement.
  • Expenditure violates legal spending limits.
• Legal Interpretation:
  Courts require clear evidence of electoral interference to establish corrupt practice.
• Governance Concern:
  Disproportionate asset growth may indicate corruption, illicit enrichment or misuse of office, addressed through laws like Prevention of Corruption Act, 1988, though not automatically under RPA.

Conclusion:
Thus, while unexplained asset growth raises serious ethical and corruption concerns, it amounts to a corrupt practice under the RPA only when linked to bribery, undue influence or illegal electoral expenditure affecting voter choice.

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