Election Laws

Representation of the People Act, 1950

• Aim: Enacted by parliament to deal with the electoral system of the nation at the national and state level.
• Provisions
  • Allocation of seats in the House of the People, the State Legislative Assemblies and the State Legislative Councils. 
  • Delimitation of Parliamentary, Assembly and Council Constituencies.
  • Election officers like chief electoral officers, district election officers, electoral registration officers.
  • Electoral rolls for Parliamentary, Assembly and Council constituencies.
  • Manner of filling seats in the Council of States to be filled by representatives of union territories.
  • Local authorities for purposes of elections to the State Legislative Councils.
  • Barring the jurisdiction of civil courts. 
• Objectives
  • Allocation of seats to Lok sabha and state legislative assemblies, and state legislative councils. 
  • Delimitation of constituencies for the purpose of election.
  • Qualifications and disqualifications of voters. 
  • Preparation of electoral rolls.
  • Manner of filling the seats.

Representation of People Act, 1951

• Constitutional backing of the Act: Articles 327 and 328 of the Constitution confer the power on parliament to make rules for election to Parliament and the state legislature.
• Features of RPA, 1951
  • Conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State.
  • Details about the structure of administrative machinery for the conduct of elections.
  • Qualifications and disqualifications for membership of those houses.
  • Corrupt practices and other offenses at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
• Spending limits of candidates under RPA, 1951
  • For Lok Sabha elections, a maximum of 70 lakhs except in the case of northeastern and hilly states which is 54 lakhs rupees. 
  • For state assembly elections, a maximum of 28 lakhs except in the case of northeastern and hill states which is 20 lakhs rupees.
• Disqualifications under RPA, 1951
  • Found guilty of election offenses/corrupt practices.
  • Conviction for any offense resulting in imprisonment for 2 or more years. Conviction for promoting enmity between different groups.
  • Failed to lodge an account of his election expenses within time.
  • Having an interest in government contracts, works, or services.
  • If dismissed from government service for corruption or disloyalty to the state.
  • If punished for practicing and preaching social crimes like sati, untouchability, etc. 
• Election Offenses Covered under RPA
  • Any form of gratification for electors for voting or refraining from voting, and to the candidates for withdrawing or not withdrawing nomination is considered as a corrupt practice.
  • It includes any direct or indirect interference with the free exercise of any electoral right by the candidate or his election agent.
  • Appeal to vote or refrain from voting on the grounds of his religion, race, caste, community language, etc.
  • The promotion of feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language.
  • The propagation of the practice or the commission of sati or its glorification.
  • The publication of any false statement of fact in relation to the personal character or conduct of any candidate.
  • Booth capturing by a candidate or his agent or other person.
  • Obtaining any assistance from any person in the service of the Government for the furtherance of the prospects of that candidate’s election.

Delimitation Act , 2002

• Objective: The primary objective of the Delimitation Act of 2002 is to redraw the boundaries of parliamentary and assembly constituencies to ensure equal representation for equal segments of the population. The aim is to maintain the principle of “one person, one vote, one value.”
• Constitutional Mandate: The delimitation exercise is conducted based on the provisions of Article 82 (for Lok Sabha constituencies) and Article 170 (for legislative assembly constituencies) of the Constitution of India. These articles mandate the readjustment of territorial constituencies to ensure representation based on the latest population census.
• Key Features of the Act (2002):
  • Delimitation Commission: The Act establishes a Delimitation Commission, a high-powered, independent body responsible for redrawing constituency boundaries.
  • Basis for Delimitation: The Commission considers population size, geographical features, existing administrative boundaries, and the number of Scheduled Castes (SC) and Scheduled Tribes (ST) in each area.
  • Freeze on Delimitation: The Act froze the number of parliamentary constituencies at 543 and assembly constituencies based on the 1971 census data. However, the 87th Amendment Act of 2003 allowed for delimitation based on the 2001 census data without altering the total number of seats.
  • Process: The Delimitation Commission follows a well-defined procedure involving consultations with state governments, publication of draft orders, and consideration of objections before finalizing the constituency boundaries.