CORRUPT PRACTICE IN INDIA DURING ELECTION

Submitted by
R HARSHAD 17040142060

V. KIRUBANANDHAN 17040142034

SUBMITTED TO:

PROF. Dr. Bhoomanna Reddy

ALLIANCE SCHOOL OF LAW,

ALLIANCE UNIVERSITY
INTRODUCTION

Elections are considered to be a process to achieve democracy and is an indispensable element in

the establishment and continuation of any democracy. India is having a Constitution that
guarantees a democratic republic to its citizens. The Constitution of India gives a scheme of
democratic bodies/posts as well as an independent constitutional authority bestowed with the
function of conduct of free and fair elections, namely the Election Commission. Free and fair
election is an indispensable part of the Indian democracy. Corrupt practices and offences related
to election are those which interfere in the free exercise of right to vote and includes bribery,
undue influence etc. It is very essential for us to study and understand about electoral offences,
penalties and disqualification. This paper therefore deals with various provisions under the
Representation of People’s Act, 1951 and the Indian Penal Code which discusses electoral
offences. Further, the distinctions between electoral offences and corrupt practices are also
studied.

RESEARCH PROBLEM

Why is India not able to achieve the aim of free and fair election even after having a well-
established mechanism working towards them is it due to the rigging of poll booths, muscle
power or any other hindrances present in the process which needs to be overcome.

SCOPE OF THE RESEARCH

The research is limited to the problems faced by the Indian electoral system the laws associated
with the elections.

OBJECTIVES
i. To study about corrupt practices in elections.
ii. To trace out problems face by the Indian electoral system
iii. To suggest measures to free, fair and transparent elections
HYPOTHESIS

In India general election was first held in 1951, and still we don't have a free and fair election
resulting in corruption in elections. The possibility of changing this situation by bringing new
amendments or providing suggestions for election commission is nugatory.

LITERATURE REVIEW

1. Punishing personal and electoral corruption: Experimental evidence from India

By Simon Weschle May 9, 2016.

2. Fighting corruption or elections? The politics of anti-corruption policies in India: A

subnational study.
By Vadlamannati, Krishna Chaitanya, 2015.

3. Institutions, Democracy and ‘Corruption’ in India: Examining Potency and Performance:

By Shibashis Chatterjee and Sreya Maitra Roychoudhury, 13 August 2013.

RESEARCH QUESTIONS

● Whether the election commission has acted and used their power to their fullest to
introduce such electoral reforms which can make the election process free from
ambiguities and infirmities?
● How does corruption thrive in elections?

TENTATIVE CHAPTERISATION

Chapter 1: Free and Fair Election

In this chapter it is discussed on how the election should be conducted without any kind of
cheating process and how the election has to be conducted in various places.

Chapter 2: Role of Election Commission

In this chapter, the Role of the election commission has been mentioned, it also clearly
elaborates on how the election commission helps in maintaining the proper mode for the election
to happen without any kind of harm.

Chapter 3: Corrupt practices in Election

In this chapter it is mentioned how and what are all the mode of corrupt practices happen during
the time of Election.

Chapter 4: Conclusion

RESEARCH METHODOLOGY

Doctrinal method of Research will be applied in this study. Data for the present study will be
collected through primary (Books) and secondary (Online) sources. The research will be focused
on statutes, case laws and other legal sources and will also make use of various articles
associated with the subject-matter.

BIBLIOGRAPHY

STATUTES
 The Representation of the people act, 1951

BOOKS
 Corrupt Practices in Elections: A study under the Representation Act, 1951 by Hans Raj
Jhingta, 2nd January, 2003.
 Punishing personal and electoral corruption: Experimental evidence from India
By Simon Weschle May 9, 2016.
 Institutions, Democracy and ‘Corruption’ in India: Examining Potency and
Performance:
By Shibashis Chatterjee and Sreya Maitra Roychoudhury, 13 August 2013.