GS Paper II — Q1
Discuss the 'corrupt practices' for the purpose of the Representation of the People Act, 1951. Analyze whether the increase in…
Discuss 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. (Answer in 150 words) 10 marks
हिंदी में प्रश्न पढ़ें
जन प्रतिनिधित्व अधिनियम, 1951 के उद्देश्य से 'भ्रष्ट आचरण' की विवेचना कीजिए। विश्लेषण कीजिए कि क्या विधायकों एवं/अथवा उनके सहयोगियों की आय के ज्ञात स्रोतों के विपरीत अनुपात में संपत्ति में वृद्धि 'असम्यक असर' सृजित करता है और परिणामतः भ्रष्ट आचरण है। (उत्तर 150 शब्दों में दीजिए)
Model answer
Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.
Corrupt practices under the RPA, 1951
Section 123 lists the corrupt practices: bribery (123(1)), undue influence (123(2)), appeals on grounds of religion, race, caste, community or language (123(3), 123(3A)), publishing false statements about a candidate's character (123(4)), hiring vehicles to carry voters (123(5)), expenditure beyond the prescribed limit (123(6)), obtaining help from government servants (123(7)) and booth capturing (123(8)). Proof of any of these voids the election (Section 100) and can lead to disqualification (Section 8A).
Are disproportionate assets 'undue influence'?
Undue influence means any direct or indirect interference, or attempt to interfere, with the free exercise of an electoral right. In Lok Prahari v. Union of India (2018), the Supreme Court held that non-disclosure of the assets, and sources of income, of candidates and their associates amounts to undue influence, because it denies voters the information needed for a free choice; it also called for a permanent mechanism to monitor unexplained growth in legislators' assets.
On a strict reading, accumulating disproportionate wealth is by itself an offence of illicit enrichment under the Prevention of Corruption Act, 1988 (Section 13(1)(b)), not an electoral corrupt practice. It becomes undue influence when it is concealed from voters or used to coerce or induce electors. Parliament has not yet amended Section 123 to cover it expressly.
How this answer will be evaluated
Framework: GS2 Paper 2: Constitutional & Legal Framework
What earns full marks: Precise legal analysis linking asset inflation to the specific definition of undue influence under RPA 1951.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- The answer Discuss the corrupt practices under the RPA, 1951 and analyse whether disproportionate assets of legislators or associates amount to undue influence. 10 marks · 150 words
analyse— intro → causes → effects → stakeholders/linkages → way forward
Must cover
- List corrupt practices under Section 123 of the RPA, 1951
- Define undue influence under Section 123(2)
- Analyse the link between disproportionate assets (and their non-disclosure) and undue influence, citing Lok Prahari (2018)
- Balanced conclusion distinguishing electoral law from anti-corruption law
Loses marks
- Reciting Section 123 without analysing the asset question
- Confusing undue influence with bribery or appeals to religion
- Failing to address the 'disproportionate to known sources' aspect
Earns more
- Consequences: election void (Section 100), disqualification (Section 8A)
- Illicit enrichment under the Prevention of Corruption Act, 1988 (Section 13(1)(b))
- Difficulty of proving undue influence in election petitions
- Affidavit disclosure (Form 26) and the ECI's role in monitoring assets
Extra mark
- Reference to ADR v. Union of India (2002) or PUCL (2003) on voters' right to know
- Law Commission (255th Report) or 2nd ARC recommendations on electoral reform
What "Discuss" is asking you to do
Lay the issue out from more than one side — how it arose, what is claimed for it, what is held against it, and where it now stands. UPSC attaches discuss to broad topics with several live dimensions, so coverage of the dimensions earns more than the strength of your opinion.
Structure that answers it
Set the issue up → the case as it is made → the case against → the dimension both sides leave out → where the balance now lies
Where marks are lost
Listing facts with no thread between them, or arguing one side throughout and calling it a discussion.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
Evaluate my answer →More from General Studies 2025 GS Paper II
- Q1 Discuss the 'corrupt practices' for the purpose of the Representation of the People Act,…
- Q2 Comment on the need of administrative tribunals as compared to the court system. Assess t…
- Q3 Compare and contrast the President's power to pardon in India and in the USA. Are there a…
- Q4 Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir…