REPRESENTATION OF PEOPLE’S ACT 1951

Introduction:

The Representation of People’s Act 1950 did not contain all the provisions of elections but merely contained the allocation of seats and delimitation of constituencies for the purpose of elections to Lok Sabha and state legislatures, voter’s qualifications at such election and the electoral rolls’ preparation. The provisions for the actual conduct of elections to the houses of Parliament and to the house or houses of state legislature of every state, the qualifications and disqualifications for membership of Parliament and State legislatures, general elections’ notification, administrative machinery for the conduct of elections, political parties’ registration, elections’ conduct, free supply of certain material to candidates of recognized political parties, elections’ disputes, electoral offences and corrupt practices were all left to be made. And in order to provide for these provisions, the Representation of People’s Act, 1951 was drafted.

Provisions relating to the following electoral matters[1]:

The Parliament has laid down the following additional qualifications and disqualifications (Sec. 3-11B) in the Representation of People’s Act 1951:

QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT:

• He must be registered as an elector for parliamentary constituency. This is same for the case of Rajya Sabha and Lok Sabha. The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed with in 2003. In 2006, the Supreme Court upheld the constitutional validity of this charge.
• He must be a member of SC or ST in any state or union territory, if he wants to contest a seat reserved for them. However, a member of ST can also contest a seat not reserved for them.

QUALIFICATION FOR MEMBERSHIP OF STATE LEGISLATURE:

• A person to be elected as the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state.
• A person to be elected as the legislative assembly must be an elector for an assembly constituency in the concerned state.
• He must be a member of SC or ST if he wants to contest a seat reserved for them. However, a member of SC or ST can also contest a seat not reserved for them.

DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES:

• He must not have been found guilty of certain election offences or corrupt practices in the elections.
• He must not have been convicted for any offence resulting in imprisonment for 2 or more years. But the detention of a person under a preventive detention law is not a disqualification.
• He must not have failed to lodge an account of his election offences within the time.
• He must not have any interest in government contracts, works or services.
• He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25% share.
• He must not have been dismissed from government service for corruption or disloyalty to the state.
• He must not have been convicted for promoting enmity between different groups or for the offence of bribery.
• He must not have been punished for preaching and practicing social crime such as untouchability, dowry and sati.

The parliament has laid down the notification of General Elections (SEC. 12-18)[2] in RPA 1951:

NOTIFICATION TO THE COUNCIL OF STATES AND STATE LEGISLATIVE COUNCIL:

When the term of the office of the members of council of states and state legislative council gets expired the President shall by one, or more notifications published in the gazette of India on such date or dates recommended by Election Commission shall call upon the elected members of the legislative assembly or as the case may be.

NOTIFICATION TO THE HOUSE OF PEOPLE AND STATE LEGISLATIVE ASSEMBLY:

A general election shall be held for the purpose of constituting a new house of people on the expiration of duration of existing house. For this purpose the President and Governor as the case may be shall by one, or more notifications published in the gazette of India on such date or dates recommended by Election Commission call upon all Parliamentary constituencies.

Administrative machinery for the conduct of elections (SEC.19-29)

This part consist of delegation of functions of Election Commission(19-A), general duties of Chief Electoral Officers (20); District Election Officers(20-A) ; Observers(20B) ; Returning Officers(24); Assistant Returning Officers(22); Presiding Officers(27) ; Polling Officers(28)and special provision in the case of general elections (29).

Registration of Political Parties (29-A & 29-C)

Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this part shall make an application to the Election Commission for its registration as a political party of this Act.

Conduct of Elections (30-78)

As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in official gazette, appoint the last date for making nominations, the date for scrutiny of nominations, the last date for withdrawal of candidature, the date or dates on which a poll shall be taken and the date before which the Election shall be completed.

Free supply of certain materials to candidates of recognized political parties (78A-78B)

It consists of free supply of copies of electoral rolls (78A) and supply of certain items to candidates, etc. (78B).

Disputes regarding Elections: (79-122)

No election shall be called in question except by an election petition presented in accordance with the provisions of this part. There must be trial of election petitions.

Corrupt practices and electoral of offences :( 123-138)

Bribery, undue influence, the appeal by a candidate to vote or refrain from voting for any person on the ground of race, sex, caste for prejudicially affecting the election of a candidate , the publication of any statement of fact which is false, the hiring or procuring, whether on payment or otherwise, etc. comes under corrupt practices.

CONCLUSION:

The rights of free, fair and independence of elections are a matter of great importance and fundamental to any democracy. Hence, the entire election process commencing from the issuance of notification calling upon a constituency to elect a member or members right up to the final resolution of the dispute, if any, concerning the election is regulated by RPA, 1951different stages of the process being dealt by different provisions of the Act.

[Author’s Profile: SHAILEE MISHRA, B.A.LLB. (HONS.), 2ND YEAR, 4TH SEMESTER, UNIVERSITY OF ALLAHABADA, ALLAHABAD. ]

[1] M.LAXMIKANTH, INDIAN POLITY (5TH edn. 2016)

[2] The Representation of the People’s Act ( Feb.14, 2020, 1:43AM), http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf