UPSC Mains 2020 GS Paper 2 Q1: model answer
“There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act.” Comment.
What the question wants
Comment on why the procedure to disqualify persons guilty of corrupt practices under the RP Act needs simplifying.
How to structure it
Comment: current procedure, problems, reforms.
- Current route
- Problems
- Reform proposals
How to think it through
The procedure is three-step and slow: election petition in the High Court, appeal, then President on EC's advice. Many petitions outlive the term itself. Show the delay and suggest the fixes the EC and Law Commission have already made.
Model answer
An election petition in India is often decided after the winner has served most of the term. Disqualifying a person for corrupt practices takes even longer.
The current route
- An election petition in the High Court within 45 days (Section 81).
- Finding of corrupt practice under Section 99.
- The matter goes to the President, who decides on the Election Commission's opinion (Section 8A), with disqualification up to six years.
Problems
- The six-month deadline in Section 86(7) is rarely met.
- The same evidence is reviewed at several levels.
- Appeals to the Supreme Court under Section 116A add more years; meanwhile the member sits, votes and draws salary.
- The period of disqualification is discretionary and inconsistent.
Reform proposals
- Dedicated election benches with day-today hearing.
- EC's 2016 proposal: make a false affidavit and paid news corrupt practices.
- Law Commission (2015): automatic disqualification on a High Court finding.
- Fix a uniform period of disqualification instead of case-by-case discretion.
Corrupt practice delayed is corrupt practice rewarded. A shorter, time-bound route is overdue.
Draw: A three-step staircase (High Court → EC opinion → President) with the years taken at each step.
Keywords, cases and data to drop in
Section 8A, 81, 86(7), 99, 123, election petition, President on EC's opinion, Law Commission 255th, dedicated benches.
Where most answers lose marks
- Confusing corrupt practice with criminal conviction. They follow different routes.
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Fresh examples from current affairs
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The Supreme Court has held that any private citizen, including an ordinary voter, can file a criminal complaint against a candidate who hides information or gives false details in the nomination affidavit. A Bench of Justices Dipankar Datta and Sheel Nagu ruled that the bar in Section 195 of the CrPC, which allows only a public servant to complain for certain offences, does not apply to Section 125A of the Representation of the People Act, 1951. The Hindu reported the ruling on 24 October 2026. For you, it links three exam favourites: the voter’s right to know, candidate affidavits and electoral reform.
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26 Sep 2026Learn the concept
Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.
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