Published on 30 May 2024
PolityArticle 327
Section 123
Representation of People’s Act, 1951 (RPA, 1951)
Representation of People’s Act, 1951 was introduced in Parliament by the then law minister Dr. B.R. Ambedkar.
The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election.
The act provide for:
the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State
the qualifications and disqualifications for membership of those Houses,
the corrupt practices and other offences at or in connection with elections
the decision of doubts and disputes arising out of or in connection with elections.
Section 123 of the Act
It defines ‘corrupt practices’ to include bribery, undue influence, false information, and promotion or attempted promotion of “feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language” by a candidate for the furtherance of his prospects in the election.
The RPI Act further provides that anyone found guilty of corrupt electoral practice can be debarred from contesting elections for a maximum period of up to six years.
The section 123 (3) of the act prohibits the candidate from using their race, caste, community or language for the purpose of seeking votes.
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