Representation of the People Act, 1950

Enacted by parliament to deal with the electoral system of the nation at the national and state levels.

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 include the chief electoral officers, district election officers, and 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.

Representation of the People Act, 1951

Constitutional backing of the Act – Articles 327 and 328 of the Constitution confer on Parliament the power to make rules for elections to Parliament and the state legislatures.

Features

  • 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

  • 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.

Disqualifications under 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.

Election offenses covered under the RPA, 1951

  • Any form of gratification for electors for voting or refraining from voting, and to the candidates for withdrawing or not withdrawing nomination, is considered 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.

 

Source: The Hindu

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