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.

Model Answer:

Corrupt Practices under RPA 1951 and Disproportionate Assets Analysis

The Representation of the People Act, 1951 ensures electoral integrity by defining ‘corrupt practices’ under Section 123, which if committed, can void elections and disqualify candidates.

Key Corrupt Practices include:
• Bribery – Offering gratification to influence voting behavior (cash-for-votes schemes)
• Undue Influence – Direct/indirect interference with electoral rights through threats, social ostracism, or divine displeasure (booth capturing incidents)
• Religious/Caste Appeals – Seeking votes on communal grounds (hate speeches, polarization)
• False Statements – Publishing misleading information about candidates’ character
• Illegal Transportation – Providing free conveyance to voters (hired vehicles)
• Expenditure Violations – Exceeding prescribed election expense limits

Disproportionate Assets as ‘Undue Influence’:

While RPA doesn’t explicitly list disproportionate assets as corrupt practice, judicial interpretation suggests strong linkage. The Supreme Court in Lok Prahari v. Union of India held that non-disclosure of assets amounts to ‘undue influence’ as it violates voters’ right to make informed choices. Unexplained wealth accumulation raises questions about abuse of office, creating uneven electoral playing fields through money power. This financial muscle manifests as large-scale voter bribery and illegal campaign funding, indirectly coercing electoral outcomes. The concealment of such information interferes with voters’ fundamental right to know candidates’ financial backgrounds.

Conclusion: Disproportionate assets undermine electoral integrity, necessitating explicit legal provisions linking unexplained wealth with electoral disqualification.