2020 · GS Paper 2 · Q1 · 10 marks
There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of peoples Act. Comment.
In short
Simplifying the Section 8A procedure is warranted because a corrupt-practice finding passes through appeal, referral, Election Commission opinion and a presidential order before any disqualification. Bal Thackeray's corrupt practice was upheld in 1995, but the presidential bar came only in 1999.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 273 words
Too many stages and delay
A Section 99 finding passes through appeal, referral, the Commission's opinion and the President's order; Bal Thackeray's corrupt practice of appealing to religion was upheld in 1995, yet the presidential bar came only in 1999.
Uncertain penalty
The President may impose any period up to six years or none, so equal wrongs can draw unequal penalties, unlike the fixed bar for convictions.
Slow petitions
Petitions meant to end in six months (Section 86(7)) often outlast the House, so the guilty serve most of the term.
Automatic bar
A final corrupt-practice finding could itself trigger a fixed disqualification, exactly as a conviction does.
Commission decides
Where discretion stays, the Commission could decide directly within a set time, since the President acts only on its opinion.
Fair hearing kept
The near-criminal standard of proof and the trial and appeal already secure natural justice.
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This chapter in the exam
Salient features of the Representation of People’s Act6 questions
Asked in 6 of 14 sittings since 2013
- 2025Discuss 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.
- 2024Examine the need for electoral reforms as suggested by various Committees with particular reference to one nation-one election principle.
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Question from the official UPSC Civil Services (Main) Examination 2020 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.