Representation of people Act, 1951

The Representation of People Act, 1951 is an important legislation in India that governs the conduct of elections to the Lok Sabha, the Rajya Sabha, the State Legislative Assemblies, and the State Legislative Councils.

The Representation of People’s Act of 1951 is made up of 13 parts and 171 sections. Parliament drafted the Act to ensure a smooth election process. The provisional Parliament enacted the Act prior to the first general election in accordance with Article 327 of the Constitution.

Some of the salient features of this act are as follows:

Electoral Rolls

The Act provides for the preparation of electoral rolls which contain the names of all eligible voters in a constituency. The electoral rolls are revised periodically to ensure that they are up to date and accurate.

Qualifications and Disqualifications for Voting

The Act lays down the qualifications and disqualifications for voting in an election. Every citizen who is above 18 years of age and is not disqualified by law can vote in an election.

Qualifications and Disqualifications for Contesting Elections

The Act also lays down the qualifications and disqualifications for contesting elections. A person must be a citizen of India, above 25 years of age, and not disqualified by law to contest elections.

According to the Act, a person shall not be qualified to be chosen to fill a seat in the Lok Sabha unless:

He is a member of any Scheduled Caste of any state and is an elector for any Parliamentary constituency; in the case of a seat reserved for the Scheduled Castes in any State.
He is a member of any Scheduled Tribes of any state and is an elector for any Parliamentary constituency in the case of a seat reserved for the Scheduled Tribes.
He is an elector for any Parliamentary constituency; in case of any other seat.

Qualification for membership of the Rajya Sabha

A person shall not be qualify to be choose as a representative of any State or Union territory in the Rajya Sabha unless he is an elector for a Parliamentary constituency.

Conduct of Elections

The Act provides for the conduct of elections, including the filing of nomination papers, the scrutiny of nomination papers, the withdrawal of candidature, the polling, and the counting of votes.

Electoral Offences

The Act also defines various electoral offences, such as bribing voters, impersonation, and illegal practices. It provides for the punishment for such offences.

Election Commission

The Act establishes the Election Commission of India, which is responsible for conducting free and fair elections in the country. The Commission is an independent body and is not subject to the control of any other authority.

Getting Political Parties Registered:

The Election Commission of India is authorized by Part IVA, Section 29A of the RPA, 1951, to register organizations and groups as political parties. The registered party will enjoy numerous advantages. The RPA receives preference in the allocation of election symbols and allows political parties to accept voluntary contributions.

The requirements that the political party must meet in order to be considered the state political party include the following:

In either the general election or the elections for the legislative assembly, the party has obtained 3% of the state’s seats in the legislature.
In a state’s general election for the Lok Sabha, the party received 8% of the vote.
For every 25 seats allotted to the state in the Lok Sabha, the party has won one.
The party has won one Lok Sabha seat and two Legislative Assembly seats in a state with 6% of the vote.
In a state’s general or legislative assembly elections, the party has received 8% of the vote.
If any of the following are met, a party can be considered a national political party:
At least three distinct states give the party 2% of the seats in the Lok Sabha.
The party receives at least four Lok Sabha seats in a general election to the Lok Sabha or legislative assembly and receives 6% of the vote in four states.
In four or more states, a party is recognized as a state party.

Election Expenses

The Act also lays down the limits on the election expenses that can be incurred by a candidate during an election. The candidates are required to submit their election expenses to the Election Commission after the election.

According to the section 77 of RPA, 1951, every candidate contesting in election to the House of the People or to the Legislative Assembly of a State, shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent.

Disputes

The Act provides for the settlement of election disputes by the Election Commission or the courts. Any person aggrieved by an election can file an election petition challenging the result of the election.

The Representation of the People (Amendment) Act, 1966 abolished the election tribunals. It refer the election petitions to the High Courts whose orders can be appeal to Supreme Court. However, election disputes regarding the election of President and Vice-President are directly hear by the Supreme Court.
The election petition procedure is mention in Part IV of the RPA of 1951, which addresses election-related disputes.
An election petition is a method for determining the legitimacy of Parliamentary or local government election results. Any candidate can submit it.
The grounds for submitting an election petition are mention in Section 100 of the RPA of 1951.
The High Court has the authority to invalidate a candidate’s election if:
A returned candidate, his election agent, or any other individual with the returned candidate’s consent has engaged in any corrupt activity.
The nomination was not given due consideration.
On the day of his election, the returned candidate was either unqualified or ineligible to take the seat.
The candidate has violated the Constitution and the Representation of the People’s Act.
Any candidate may submit the petition to the authorized officer of the High Court, and it must be submitted within 45 days of the announcement of the results.

Corrupt practices

Section 123 defines the corrupt practices like bribery, undue influence, inciting religious sentiments, booth capturing etc.

Apart from the above, RPA act is pivotal in preventing criminals being elected as representatives, is always quoted by Supreme Court and High Court in various judgments.
8 ( 1 ):A person convicted of an offence punishable under certain acts of Indian Penal Code, Protection of Civil Rights Act 1955, Unlawful Activities (Prevention) Act 1967, Prevention of Corruption Act 1988, Prevention of Terrorism Act 2002 etc. shall be disqualified, where the convicted person is sentenced to — (i) only fine, for a period of six years from the date of such conviction; (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
8 ( 2 ):A person convicted for the contravention of—(a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act, 1961.
8 ( 3 ):A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
A fourth subsection, i.e., 8 ( 4 ) was struck down by the Supreme Court in 2013 (Lily Thomas case). This subsection had provisions for convicted lawmakers to retain their seats if they filed an appeal within 3 months of their conviction.
In 2013, the Patna High Court also debarred persons in judicial or police custody from contesting elections.

Conclusion

In summary, the Representation of People Act, 1951 is an important legislation that ensures the smooth conduct of elections in India. It provides for the preparation of electoral rolls, qualifications and disqualifications for voting and contesting elections, the conduct of elections, and the settlement of election disputes. It also establishes the Election Commission of India, which is responsible for conducting free and fair elections in the country.