What constitutes corrupt practices under the Representation of the People Act, 1951? Also, discuss the challenges in curbing such malpractices and suggest remedial measures.
Introduction
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Main Body
Corrupt practices under RPA (1951) (1) Courting the modesty of women (2) Bribery and notice to be given to the elicited (3) Vote rigging & Booth capturing (4) Bague murder (5) Use of officials machinery during election (6) Gullen Goswami vs. Raj Naraini (8) Use of religious, caste like voting code to voter
Challenges in curbing 1. Disqualification under Section 8 may only for 6 years makes it narrower later → makes it remarkable later 2. Can approach the HC after political motivated cases → with limited timeperiod of [unclear] 3. Lack of statutory status to EC as model codes of conduct 4. Limit on finance under action only for political → for individual candidates no such 5. Lack of ECIs power to disregard the gravity → confusion with official govt. during electoral rallies 6. Use of digital technology like Blockchain to address the malpractices & vote rigging
Remedial Measures 1. Power of ECI to disregister In Subramanian Balaji Case, ECI is given power to regulate provision on FREEBIES. 2. Merlin Singh Gill case - ECI has planning powers under Article 324(1) which ECI shall utilise. 3. Section 8(4) - contention more that to guard to disclose mandatory disclosure of criminal antecedent. (PUCL case) → future of ballot should hold a conviction RoPA 1951, is the framework to create fair & free election which is a part of BASIC STRUCTURE. It needs to further strengthen in light of social media efficacies like special
— KIRAN KAMATE · AIR 53
Conclusion
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Diagram
Hierarchical diagram showing Section 123 of RPA 1951 defining corrupt practices with branches for: courting/modesty of women, bribery and notice, vote rigging and booth capturing, bague murder, and use of official machinery during election
KIRAN KAMATE
Salient Features of the Representation of People's Act
Corrupt Practices
Corrupt Practices
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Paragraphs
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