Corrupt practices are prohibited electoral activities that interfere with the freedom and fairness of elections. They are defined under Section 123 of the Representation of the People Act, 1951 and are adjudicated through an election petition before the High Court.

What are Corrupt Practices? (Section 123)

The Act defines several specific activities as “corrupt practices” if committed by a candidate, their agent, or any other person with the candidate’s or election agent’s consent:

Bribery: Giving or promising any gratification (money, entertainment, or employment) to induce someone to stand (or not stand) as a candidate, or to induce an elector to vote (or refrain from voting).
Undue Influence: Any direct or indirect interference with the free exercise of an electoral right, including threats of injury, social ostracism, or “divine displeasure”.
Appeals on Communal Grounds: Appealing to vote or refrain from voting based on religion, race, caste, community, or language, or using religious/national symbols (like the national flag/emblem) for election prospects.
Promoting Enmity: Promoting or attempting to promote feelings of enmity or hatred between different classes of citizens on communal grounds.
Sati Glorification: Propagating or glorifying the practice of sati.
False Statements: Publishing false statements regarding the personal character or conduct of any candidate to prejudice their election prospects.
Illegal Conveyance: Hiring or procuring vehicles for the free conveyance of electors to or from polling stations (with exceptions for private/public transport at the elector’s own cost).
Excessive Expenditure: Incurring or authorizing election expenses in contravention of the limits prescribed.
Assistance from Government Servants: Obtaining assistance (other than voting) from specific classes of government servants, such as gazetted officers, judges, members of the armed or police forces, and revenue officers.
Booth Capturing: Committing activities defined as booth capturing

Supreme Court Judgements

Anugrah Narayan Singh v. Harsh Vardhan Bajpayee (2023)

The Supreme Court of India ruled that providing inaccurate information regarding a candidate's educational qualifications in an election nomination affidavit does not constitute a "corrupt practice" under the Representation of the People Act, 1951.
The Court orally observed that voters in India generally do not vote on the basis of a candidate's educational qualifications.

Abhiram Singh v. C.D. Commachen (2017)

The SC in 'Abhiram Singh v C.D. Commachen' held that an election will be annulled if votes are sought in the name of a candidate's religion, race, caste, community, or language, as per Section 123(3) which prohibits the same.
The Court, by 4:3 majority, held that appealing to the ascriptive identities of any candidate as well as the voters constitutes a 'corrupt practice' under Section 123(3).

S. Subramaniam Balaji v. State of Tamil Nadu (2013)

The Supreme Court held that promises in the election manifesto do not constitute a "corrupt practice" under the poll law.

Procedure to Deal with Corrupt Practices

Election Petition: An election can only be challenged via an election petition presented to the High Court.
Timeline and Standing: The petition must be filed within forty-five days of the election result by any candidate or elector of that constituency.
- Under Section 80, an election can be challenged only through an election petition.
  - The petition may be filed by any candidate or elector.
  - It must be filed before the concerned High Court.
  - Under Section 81, it must ordinarily be filed within 45 days from the date of election of the returned candidate.
Specifics of Petition: It must contain a concise statement of material facts and full particulars of the alleged corrupt practices, including the names of parties involved and the dates/places of commission.
Trial and Decision: The High Court tries the petition as a civil suit. At the conclusion, the Court may:
- Dismiss the petition.
- Declare the election of the returned candidate void.
- Declare another candidate to have been duly elected if they received the majority of valid votes.
Recording Findings (Section 99): The Court must record a finding on whether the corrupt practice was proved and name the persons found guilty.
- Where a corrupt practice is proved, the High Court has to identify the persons responsible and specify the nature of the corrupt practice under Section 99.
Submission to the President: The case of every person found guilty by the High Court is submitted to the President of India for a determination on disqualification
Appeal to the Supreme Court: An appeal against the High Court’s order lies before the Supreme Court under Section 116A, ordinarily within 30 days.

Implications if Found Guilty

Election may be declared void
- Under Section 100, the election may be set aside where the corrupt practice was committed by the returned candidate, their election agent or another person with their consent.
Disqualification for Membership (Section 8A)
- The President determines if the person should be disqualified and for what period. This disqualification can last up to six years from the date the order takes effect.
- Election Commission (EC) Role
  - Before making a decision on disqualification, the President must obtain the opinion of the EC and act according to that opinion.
Disqualification for Voting (Section 11A)
- Any person disqualified by the President for membership under section 8A is automatically disqualified from voting in any election for the same period.

Corrupt practices undermine the freedom and fairness of elections by distorting voters’ choices and compromising electoral integrity. Effective enforcement of the RPA, 1951, along with timely adjudication and deterrent disqualification, is therefore essential to preserve the purity of the electoral process and democratic legitimacy.

Sample Mains Question

1. What constitutes a ‘corrupt practice’ under the Representation of the People Act, 1951? Explain the procedure and consequences when a candidate is found guilty of such practices.

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