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Politicians' deviance, electoral offences and accountability mechanisms

White Collar Crimes · Unit III · Topic 9 of 17 · 5 min read

Forms of deviance by politicians, criminalisation of politics, corrupt practices and electoral offences under the Representation of the People Act and the BNS, disqualification, and the Supreme Court's decisions on disclosure, Lily Thomas and electoral bonds.

On this page
  1. 1. Forms of political deviance
  2. 2. Electoral offences and corrupt practices
  3. 3. Disqualification for crime
  4. 4. Disclosure of antecedents and the judicial response
  5. 5. Bribery in the House and defection
  6. 6. Accountability mechanisms: a summary
  7. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The politician writes the rules he may break. That is why political deviance is hard to control: Parliament would have to legislate against its own members. Much of the control has therefore come from the Supreme Court and the Election Commission, and an answer must show both the statutory scheme and the judicial additions to it.

1. Forms of political deviance

2. Electoral offences and corrupt practices

Representation of the People Act, 1951. Corrupt practices are listed in section 123: bribery; undue influence; appeal on the ground of religion, race, caste, community or language, or use of religious symbols; promoting enmity between classes; booth capturing; incurring expenditure beyond the prescribed limit; and obtaining the help of government servants. A corrupt practice proved in an election petition voids the election and leads to disqualification under section 8A. In Abhiram Singh v. C.D. Commachen, 2017 INSC 3, (2017) 2 SCC 629, a seven-judge bench held by majority that “his religion” in section 123(3) refers to the religion of the candidate, his agent, the voter or anyone else, so any appeal for votes on the ground of religion is a corrupt practice.

Electoral offences in Part VII of the Act include promoting enmity in connection with elections (section 125), filing a false affidavit or concealing information in the nomination (section 125A), restrictions on printing pamphlets and posters (section 127A), and booth capturing (section 135A).

Bharatiya Nyaya Sanhita, 2023, Chapter IX (old IPC Chapter IXA, sections 171A to 171I): definitions (section 169), bribery (section 170), undue influence (section 171), personation (section 172), punishment for bribery (section 173, up to one year or fine), punishment for undue influence or personation (section 174), false statement in connection with an election (section 175), illegal payments (section 176) and failure to keep election accounts (section 177).

3. Disqualification for crime

Section 8 of the 1951 Act disqualifies a person convicted of listed offences, including offences under the Prevention of Corruption Act, 1988 (section 8(1)(m)), and any person convicted and sentenced to two years or more (section 8(3)), for the period of sentence and six years after release. Section 8(4) used to let a sitting member continue if he appealed within three months. In Lily Thomas v. Union of India, 2013 INSC 456, (2013) 7 SCC 653, the Supreme Court struck down section 8(4) as beyond Parliament's power, because Articles 102 and 191 do not allow a different rule for sitting members. A sitting member is now disqualified from the date of conviction, unless the conviction itself is stayed.

4. Disclosure of antecedents and the judicial response

5. Bribery in the House and defection

The JMM bribery case, P.V. Narasimha Rao (1998), gave immunity under Article 105(2) to members who took bribes and voted; that was overruled by Sita Soren v. Union of India, 2024 INSC 161, which held that bribery is not protected by parliamentary privilege. Both are discussed in the note on the Prevention of Corruption Act. Defection is controlled by the Tenth Schedule (1985), upheld, except for the original bar on judicial review, in Kihoto Hollohan v. Zachillhu, 1991 INSC 287.

6. Accountability mechanisms: a summary

The N.N. Vohra Committee (1993) on the nexus between criminals, politicians and bureaucrats is the leading official account of criminalisation and has its own note.

How this is examined

June 2025: a note on politicians' deviance. January 2026: a note on political deviance and accountability mechanisms. Write the forms first, then the mechanisms, each with its case: ADR for disclosure, Lily Thomas for disqualification, Public Interest Foundation and Rambabu Singh Thakur for criminalisation, Sita Soren for bribery in the House, and the electoral bonds judgment for funding.

Now try the real questions: White Collar Crimes past question papers.