Corrupt practices

India is a democratic republic and the conduct of free and fair elections is the basic structure of the Constitution. Without free and fair elections, democracy fails to function. In such a condition, various activities that vitiate the free and fair election are referred to as corrupt practices and they disqualify the candidate. The law relating to corrupt practices is covered under Section 123 of the representation of people Act,1951. The following practices are enlisted as corrupt practices which disqualify a candidate and may bar him from contesting in future elections as well.

(1) bribery- if a candidate or his agent offers to give gifts to another candidate for contesting or not contesting or withdrawing or not withdrawing candidature or to voters for voting or not voting is bribery.

In Indira Nehru Gandhi v Raj Narain, Indira Gandhi was held not guilty of bribery. Recently, Jagir Kaur was booked for bribery when 183 cases of liquor were recovered by the police.

(2) undue influence- if a candidate or his agent directly or indirectly interferences or attempts to interfere in the electoral process it amounts to undue influence.

(3) appealing on the ground of religion, race, community, caste or language- in Indira Nehru Gandhi v Raj Narain, the election symbol of cow and calf was held not to amount to be appealing in the name of religion. Similarly, in Dheeraj Pratap Singh v chief election commissioner, the symbol elephant of BSP was held not to be a religious symbol.

(3A) promotion of feeling of enmity on the grounds of religion, race, caste or language- spreading communal feelings and spreading hatred by the candidate or his agent for furtherance of his prospects or prejudicing those of any candidate.

(3B) promoting or glorification of sati- any action of promoting or glorification of sati is a corrupt practice for furtherance of his prospects or prejudicing those of any candidate.

(4) publication of false statement- publication of false statement by the candidate or his agent in relation to the personal character or conduct of a candidate in order to prejudice the election.

(5) hiring or procuring of vehicles- hiring or procuring vehicles by the candidate or his agent to take voters to the polling station on the day of voting amounts to corrupt practice. In Indira Nehru Gandhi v Raj Narain, Indira Gandhi was held not guilty of it and her election was held to be valid.

(6) incurring or authorizing expenditure in contravention of Section 77- Umlesh Yadav was disqualified for 3 years for incurring excessive expenditure.

(7) obtaining assistance of persons in service of central or state governments like gazetted officers, judges and magistrates, members of armed forces, members of police force, excise officers or other services under the government in election. In state of UP v Raj Narain, the election of Indira Gandhi was set aside by the Allahabad high court and she was barred from contesting  and holding office for 6 years.

(8) booth capturing- booth capturing amounts to forcefully gaining control of polling station and influencing the polling.

Free and fair elections is the basic structure of the Constitution and it requires that candidates and their authorized agents do not indulge into any of corrupt practices that may influence or prejudice the voters. Indulging in corrupt practices not only disqualifies a candidate in that election but may bar him from holding a public office.