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16 July 2024 – The Hindu

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Election related Anti-Corruption Laws in India

Introduction:

  • The misuse of authority for personal benefit is what we refer to as corruption. Corruption worsens social division, poverty, inequality, and the environmental catastrophe while undermining democracy and economic growth.
  • It is only possible to expose corruption and hold those responsible for it accountable if we comprehend the mechanisms that allow it to occur.

Prevention of Corruption Act, 1988:

  • The Prevention of Corruption Act, 1988 (henceforth referred to as PCA) went into effect on September 9, 1988. Its objective was to strengthen and expand the provisions of anti-corruption statutes in order to boost their overall efficacy.

Characteristics of the act:

  • It combines the Criminal Law Amendment Act, 1952, the Prevention of Corruption Act, 1947, and Sections 161 to 165-A of the Indian Penal Code, with only minimal changes to the original text.
  • Terms like “public duty” and “public servant” are now part of the definition.
  • It has shifted the burden of proof from the prosecution to the accused, as per the CrPC.
  • The Act’s provisions make it abundantly evident that the inquiry must be carried out by an officer, not by someone with a level lower than that of Deputy Superintendent of Police.
  • The Act covers bribery, misappropriation, obtaining an unfair financial advantage, possessing assets that are excessive for one’s income, and other corrupt actions.

Representation of the People Act (RPA), 1951:

Key characteristics:

  • It regulates the actual procedures used for elections and by-elections.
  • It provides the administrative instruments required for elections.
  • It is related to registering for a political party.
  • It lists the qualifications for House membership in addition to the disqualifications.
  • It has safeguards against additional transgressions and unethical activity.
  • It lays forth the procedure for settling disputes and queries after elections.

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