Governance, TLP-UPSC Mains Answer Writing
Q. 2. Discuss the grounds for disqualification of elected representatives under the Representation of People Act, 1951. Do you think these provisions are sufficient to ensure political accountability? (150 words, 10 marks)
Introduction
The Representation of the People Act, 1951 lays down the legal framework for free and fair elections in India. It includes provisions to disqualify elected representatives to uphold integrity and accountability in public office.
Body
Grounds for Disqualification under the Act
- Conviction for certain offences: Includes crimes like corruption, terrorism, and serious financial fraud (Section 8). Example: Lalu Prasad Yadav was disqualified after conviction in the fodder scam.
- Corrupt practices in elections: Includes bribery, undue influence, or booth capturing (Section 123). Example: A candidate found guilty of bribing voters can face disqualification.
- Failure to lodge election expenses: Not submitting account details within prescribed time (Section 10A).
- Holding office of profit: Occupying positions that may lead to a conflict of interest (Section 9A). Example: Jaya Bachchan was disqualified for holding an office of profit.
- False declarations: Hiding criminal background or submitting misleading details in affidavits.
Concerns about Sufficiency of Provisions
- Delayed judicial process: Cases often take years, allowing convicted leaders to continue in office.
- Inadequate ethical coverage: Hate speech, communal rhetoric, or abuse of position often go unpunished.
- Ambiguity in discretionary powers: Decisions on disqualification and deregistration of parties lack clarity.
- Misuse of government machinery: Ruling parties exploit public funds and vehicles during elections with little consequence.
- False disclosures remain unchecked: Candidates often provide incomplete affidavits with no automatic consequence.
Recommendations
- Implement Law Commission’s 255th Report: Enable faster trials and stringent action on false affidavits.
- Disqualify candidates with serious charges: Those framed by a court at least six months before elections.
- Grant financial and staffing autonomy to ECI: For independent and efficient functioning.
- Implement SC’s suggestion for lifetime bans: Prevent convicted politicians from contesting elections again.
Relevant Supreme Court Cases
- Lily Thomas v. Union of India (2013): SC struck down the provision allowing convicted MPs/MLAs to continue in office if they filed an appeal.
- Public Interest Foundation v. Union of India (2018): SC urged Parliament to frame laws barring candidates facing serious criminal charges.
Conclusion
Elections are the lifeblood of democracy, and strengthening the Representation of the People Act, 1951 through timely reforms is vital to uphold electoral integrity and ensure true political accountability in India.
