Features of the Representation of People Act

Article 324 to 329 of Part XV of the Constitution deals with the electoral system in our country. Constitution allows Parliament to make provisions in all matters relating to elections to the Parliament and State Legislatures.

In exercise of this power, the Parliament has enacted laws like Representation of the People Act 1950 (RPA Act 1950), Representation of the People Act 1951 (RPA Act 1951).

The act was passed by the parliament under Article 327 of the constitution. It provides for the conduct of election to the parliament and state legislatures. It also clarifies about the qualifications and disqualifications for membership of those Houses.

Representation of the People Act (RPA), 1950:

All seats in Lok Sabha to be filled by direct election. One seat for every constituency and one person for one seat.
In all states and UTs except Sikkim and Arunachal Pradesh, the extent of a constituency is to be determined by the Delimitation Commissionmade under Delimitation Act 1972. For Sikkim, the extent of assembly to be defined by Delimitation of Parliamentary and Assembly Constituencies Order, 1976, and Representation of the People (Amendment) Act, 1980. Election commission conferred the power to keep Delimitation Order up-to-date.
The Presidentof India has been conferred the power to amend orders delimiting constituencies, only after consulting the ECI.
In Lok Sabha, there is a reservation of seats for Scheduled Castes and Scheduled Tribes.
The ECI has the power to determine the constituencies to be reserved for scheduled tribes in the states of Meghalaya, Mizoram, Nagaland and Tripura.
Each state to have a Chief electoral officer nominated or designated by Election Commission in consultation with the state government. The Election Commission will also appoint district level election commissioners in consultation with the state government.
Each constituency has to have an electoral roll. No person to be registered in electoral rolls of more than one constituency. No Person to be registered more than once in any constituency.
A person shall be disqualified for registration in an electoral roll if he is either not a citizen of India or is of unsound mind or is disqualified from voting.
The electoral roll for each constituency has to be prepared in the prescribed manner. Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.
Power to make rules under this act conferred to Central Government, which can exercise this power in consultation with Election Commission. The Civil Courts have also been barred to question the legality of any action of electoral registration officer regarding revision of such electoral roll.

1950 Schedules

The First Schedule:Allocation of seats in the House of the People
The Second Schedule:Total number of seats in the Legislative Assemblies
The Third Schedule:Allocation of seats in the Legislative Councils
The Fourth Schedule:Local authorities for purposes of elections to Legislative Councils

Representation of People’s Act 1951:

Key Heighlight:

Actual conduct of elections.
Administrative machinery for conducting elections.
Election offences.
Election disputes.
By-elections.
Registration of political parties.

The Representation of People Act, 1951 has great significance for good functioning of Indian egalitarianism because it checks the entry of persons with illegal background into the representative bodies.

Voter Qualification:

A person must be anelector in the constituency.
The minimum agefor becoming an MLA/MPs (Lok Sabha) is 25 years.
- At the panchayat and municipality levels, the minimum age limit for contesting elections is21 years.

Only an elector can be a representative. If a person is not qualified to vote, he cannot represent the people in parliament .
In case of Lok Sabha, if the seat is reserved for SC, a non-SC voter cannot be elected to that seat; if the seat is reserved for ST, a non-ST voter cannot be elected to that seat.
He must be from these categories however; he may be a voter registered from any other constituency within India. However, in case of autonomous districts of Assam, Sikkim, ST seat for Lakshadweep, the elector should be enrolled as a voter in the same constituency.
The same criteria are followed in legislative assembly of state, barring that the elector should be an eligible voter in the same state.

· Disqualification matters

If a person is convicted under a punishable offence related to promoting enmity, bribery, undue influence or personation at an election, rape, cruelty towards a woman, creating or promoting enmity, hatred or ill-will between classes, promoting religious acrimony, practice of untouchability, import and export of prohibited goods, any other unlawful activities, FEMA, laws related to Narcotics, terrorism acts, offences related to religious places and religious practices, offences related to insulting the National Insignia, Constitution of India, offence related to practice of Sati and so on… will be disqualified if sent to jail for at least 2 years.This disqualification is for six year after the person is released from jail.
The other grounds for disqualification are as follows:
- If found guilty of corrupt practices
- Dismissed for corruption
- Disqualified for a contract entered into with government related matters
- A person remains disqualified as long as he managing agent, manager or secretary of any government company or corporation
- If fails to lodge expense accounts of elections

Provisions related to political parties:

Every association or body in order to become a political party must be registered with the ECIwhose decision regarding registration will be
Registered political parties, in course of time, can get recognition as’State Party’ or National Party’.
Change in name and addressof a registered political party must be communicated to the ECI.
The ECI can not derecognisea party.
A registered political party may accept any voluntary contribution by any person or company within India other than a government company. Political parties are not allowed to seek and receive contribution from a foreign source.
Each political party has to prepare the report related to contribution more than ` 20,000 from persons and companies in year and submit it to the Election Commission.

National Party Vs State Parties:

Structurally, a party is recognized as state political party if it has secured at least 6% of the total votes given in the state in the general or assembly elections and also the party has been able to grab at least 3% of total seats or a total of 3 seats in the state legislative assemblies.
It becomes a national party if it manages to get minimum of 6% of the valid votes cast for assembly or general elections from within a total electorate of 4 or more states.
In addition to this, the party seeking national status must also win at least 2% (11 out of 543 seats) seats in Lok Sabha from at least three different states OR a total of 4 seats in Lok Sabha from any number of state(s).
Functionally, the national party usually seeks a majority in Lok Sabha to become able to influence national politics and therefore it raises issues of national and international interest.
Whereas the Regional party advocates the interest of the state it represents and greater autonomy from central government. At the present moment we have a total of 6 national parties namely: INC, BJP, BSP, CPI, CPI-M and NCP. Whereas the number of regional parties is well above 700.

Right to Vote

Any person who is duly enrolled on a electoral roll and is not disqualified to vote, shall have right to vote.
One person can vote at one constituency onlyand only for one time in a particular election.
If a person is jailed / lawful detention at the time he shall not be eligible for voting. However, if a person is in preventive custody, he can vote.
None of the Above was introduced in the ballot papers/ Electronic Voting Machine (EVMs) in General Election to the State Assemblies in
Voter Verifiable Paper Audit Trailis an independent system attached with the EVMs that allows voters to verify that their votes are cast as intended.
Any class of person can be notified by the ECI in consultation with the concerned government which can give their votes by postal ballot.
It was introduced in 2013,after the SC allowed the ECI for the ‘requirement of free and fair elections’ in its verdict in the People’s Union for Civil Liberties vs. Union of India case (2013).

Various Election Offenses:

Following are considered to be the election offenses in India. Each of them follows some kind of punishment as per the law of the land.

Promoting enmity
Public meetings within prior 48 hours of polling.
Creating disturbance
Restriction on the printing of pamphlets, posters etc.
Officers acting for a candidate
Canvassing in or near polling stations.
Illegal hiring or procuring of conveyance
Breach of official duty
Removal of ballot papers
Booth capturing.

Section 126 of the RPA, 1951:

No liquor sale within 48 hours prior to the polling to the conclusion of polling.
Every elected candidate shall submit the declaration of his assets and liabilities within 90 days from taking oath.
Every contesting candidate is required to maintain account of election expenses.
Election petitions are to be heard in high Court and appeal to Supreme Court. High court has to conclude such petition within six months from the date of petition. High Court will intimate its decision to Election Commission and Speaker / Chairman. Appeal to Supreme Court can be made within 30 days.
The Corrupt practices which can lead to cancelling of an election include bribery, undue influence, promotion of enmity, hiring of vehicles to and from polling stations.
In case of any enquiry, the election commission is conferred the powers of a Civil Courtfor summoning and enforcing the attendance of any person or any evidence. The election has power to regulate its own procedure.
For election related works, the following are to be made available to election commission viz. every local authority, university, Government Company, any other institution undertaking under the control of state or central government.
A candidate contesting election to Lok Sabha has to make a deposit of Rs.25,000/- as security, whereas, for all other elections, the amount of security deposit is Rs.12,500/-. Candidates belonging to scheduled caste and scheduled tribe get a concession of 50% in respect of the amounts of security deposit mentioned above. (Section 34).
The RPA, 1951 lays down certain rules for disqualification of MPs and MLAs.
Section 8 (3)of the Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release.
- Even if a person is on bailafter the conviction and his appeal is pending for disposal, he is disqualified from contesting an election.
Section 8(4)allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court.

The Supreme Courtin July 2013 struck down section 8(4) of the RPA, 1951 and declared it ultra vires and held that the disqualification takes place from the date of conviction.

Features of the Representation of People Act