Every general election in India rests on a pair of statutes passed in the early years of the Republic. The Representation of the People Act, 1950 and the Representation of the People Act, 1951 together provide the legal machinery for conducting elections to Parliament and the state legislatures. They answer the practical questions that the Constitution leaves to Parliament: who may vote, how constituencies are allotted, who may stand for election, how polls are conducted and what happens when an election is challenged.
The Constitution lays down the broad framework in Articles 324 to 329, but the day-to-day rules are in these two laws, which have been amended many times. This explainer describes what each Act covers, the qualifications and disqualifications for membership of the legislatures, the rules on corrupt practices and election offences, the system of election disputes, and the landmark judicial decisions that have shaped the law on disqualification.
Quick Facts: The Representation of the People Acts
| RPA 1950 | Deals with allocation of seats, delimitation of constituencies and preparation of electoral rolls |
|---|---|
| RPA 1951 | Deals with conduct of elections, qualifications and disqualifications, corrupt practices, offences and election disputes |
| Constitutional basis | Article 327 empowers Parliament to make laws on elections to Parliament and State Legislatures |
| Election authority | Election Commission of India under Article 324 |
| First elections under the 1951 Act | The first general election, held between late 1951 and early 1952 |
| Registration of political parties | Section 29A, inserted in 1989 |
| Election petitions | Heard by the High Court of the relevant state; appeal lies to the Supreme Court |
| Not covered | Elections of the President and Vice-President, which are governed by a separate 1952 Act |
Constitutional Background to the Two Acts
The Constitution assigns the task of superintending, directing and controlling elections to the Election Commission of India under Article 324. It leaves the detailed law to Parliament and the state legislatures. Article 327 allows Parliament to make provisions for all matters relating to elections to either House of Parliament or to the state legislatures, including the preparation of electoral rolls and the delimitation of constituencies. Article 328 allows state legislatures to make such provisions where Parliament has not done so.
Two other provisions are important. Article 326 establishes adult suffrage as the basis for elections to the Lok Sabha and the Assemblies, and Article 329 bars courts from interfering in electoral matters once the election process has begun, saying that an election can be questioned only by an election petition. The 1950 and 1951 Acts were passed to give practical form to these constitutional principles in time for the first general election.
Why Two Separate Laws
The first Act was enacted in 1950 to deal with the preparatory stages of elections, such as electoral rolls and the allocation of seats. The second Act, passed in 1951, handled the conduct of polls and the post-election stage. Splitting the subject in this way kept the voter’s registration and the contest itself in separate frameworks.
Representation of the People Act, 1950: Rolls and Seats
The 1950 Act is primarily concerned with seats and voters. It provides for the allocation of seats in the House of the People to the states and union territories, and of seats in the Legislative Assemblies and Legislative Councils. It sets out the delimitation of constituencies, which is carried out under separate delimitation legislation, with the 1950 Act spelling out the allocation and the number of seats reserved for Scheduled Castes and Scheduled Tribes.
The Act also defines the machinery for the preparation of electoral rolls. It provides for Chief Electoral Officers at the state level, District Election Officers and Electoral Registration Officers in constituencies, who maintain and revise the rolls. These officers work under the superintendence, direction and control of the Election Commission.
Qualifications to Be Registered as a Voter
- The person must be a citizen of India.
- The person must be at least 18 years of age on the qualifying date; this was reduced from 21 by the 61st Constitutional Amendment in 1988.
- The person must be ordinarily resident in the constituency.
- The person must not be disqualified under any law, for reasons such as unsoundness of mind or corrupt practices.
A person cannot be registered in more than one constituency, nor more than once in the same constituency. Overseas Indians who hold Indian citizenship and have not acquired citizenship of another country can register as overseas electors, a provision added in 2010.
Representation of the People Act, 1951: Conduct of Elections
The 1951 Act is much longer and more detailed. It covers the entire process from the notification of an election to the declaration of its result. Its main subjects include the qualifications and disqualifications for membership of Parliament and the state legislatures, the notification of elections, the nomination of candidates, the conduct of the poll, the counting of votes, and the declaration of results. It also covers the registration of political parties, the accounts of election expenses, corrupt practices, offences and the settlement of election disputes.
The Act came into use almost immediately. The first general election to the Lok Sabha and the state assemblies took place under it in the winter of 1951 and 1952, an exercise that was among the largest in the world at the time and was conducted with a mostly illiterate electorate.
Stages of an Election Under the Act
- The President or the Governor issues a notification calling the election.
- Candidates file nomination papers, which are then scrutinised.
- Candidates may withdraw within a stipulated period.
- The poll is conducted, with the Election Commission directing the arrangements.
- Votes are counted and the Returning Officer declares the result.
- The Commission publishes the list of elected members, after which the House is constituted.
Qualifications for Membership of the Legislatures
The Constitution lays down basic qualifications in Articles 84 and 173: a candidate for the Lok Sabha or a state assembly must be an Indian citizen and at least 25 years old, and for the Rajya Sabha or a Legislative Council at least 30. The 1951 Act adds further conditions. A candidate for a seat reserved for the Scheduled Castes or Scheduled Tribes must belong to that category. A candidate for the Lok Sabha or a state assembly must be an elector in some constituency in the country or the state, depending on the case.
An amendment in 2003 removed the requirement that a Rajya Sabha candidate be an ordinary resident of the state from which he or she is elected, so that any Indian citizen who is an elector anywhere in India can contest. The same amendment introduced open ballot for Rajya Sabha elections, so that party members’ votes can be seen by their party agents.
Contesting From More Than One Seat
A person can contest elections from more than one constituency, but the law has placed a limit on the practice. Following an amendment in 1996, no candidate can contest from more than two constituencies at the same general election. If elected to both, he or she must resign from one within a specified period, failing which both seats become vacant.
Disqualifications Under Section 8
The most discussed part of the 1951 Act is Section 8, which deals with disqualification on conviction for certain offences. A person convicted of an offence listed in the first sub-section, which includes promoting enmity between groups, offences relating to the Protection of Civil Rights Act and the Unlawful Activities Prevention Act, among others, is disqualified from the date of conviction, for the period of the sentence and for a further six years after release.
The second sub-section covers offences such as hoarding, profiteering and adulteration of food, and offences under the Dowry Prohibition Act, with disqualification applying to a person sentenced to imprisonment for at least six months. The third sub-section is a general provision: a person convicted of any other offence and sentenced to imprisonment for two years or more is disqualified from the date of conviction and remains so for six years after release.
Other Grounds of Disqualification
| Ground | Provision |
|---|---|
| Corrupt practice found proved in an election petition | Disqualified under Section 8A for the period specified by the President on the Election Commission’s opinion |
| Dismissal for corruption or disloyalty from government service | Section 9, for five years from the date of dismissal |
| Subsisting contract with the appropriate government | Section 9A |
| Failure to lodge account of election expenses | Section 10A, for three years from the date of the order |
| Holding an office of profit, unsoundness of mind, insolvency, non-citizenship | Article 102 and Article 191 of the Constitution |
| Defection from the party | Tenth Schedule of the Constitution |
Landmark Decisions on Disqualification
Section 8(4) of the Act originally protected sitting members of Parliament and the state legislatures who were convicted of offences. It said that disqualification would not take effect for three months, and, if an appeal was filed in that time, not until the appeal was decided. In effect, a convicted legislator could continue in office while pursuing appeals. In the 2013 case of Lily Thomas v. Union of India, the Supreme Court struck down the sub-section as unconstitutional. After this decision, a sitting member convicted and sentenced to the prescribed punishment is disqualified immediately, as would be any other person.
In 2002, in a case filed by the Association for Democratic Reforms, the Supreme Court held that voters have a right to know about the criminal, financial and educational background of candidates, and directed that candidates file affidavits with their nomination papers. Parliament then amended the Act to require such disclosures. In 2013, in the PUCL case, the Court directed the Election Commission to provide a “None of the Above” (NOTA) option on voting machines, so that voters can express rejection of all candidates.
Other Notable Rulings
- The Court has upheld the constitutional validity of the bar on voting by persons in lawful custody under Section 62(5), though the provision has been criticised as sweeping.
- In the Lok Prahari case of 2018, the Court dealt with the question of whether disqualification under Section 8 should be for life, and held that it runs for the period the statute prescribes.
- In the Public Interest Foundation case of 2018, the Court urged Parliament to frame a law to keep persons with serious criminal charges out of politics, but did not itself add a new ground of disqualification.
Corrupt Practices Under Section 123
Section 123 lists the corrupt practices which can lead to an election being declared void. Their purpose is to maintain the fairness of the contest and the freedom of the voter’s choice. The principal corrupt practices include:
- Bribery: offering a gratification to any person to induce voting, or to withdraw a candidature.
- Undue influence: interfering or attempting to interfere with the free exercise of any electoral right, including threats of injury or of social ostracism.
- Appeal on grounds of religion, race, caste, community or language: appealing for votes, or asking people not to vote, on these grounds, or using religious symbols.
- Promoting enmity: promoting or attempting to promote feelings of enmity or hatred between classes of citizens on grounds of religion, race, caste, community or language.
- False statements: publishing false statements about the personal character or conduct of a candidate.
- Hiring or procuring vehicles: arranging for the conveyance of voters to polling stations.
- Booth capturing: seizing a polling station or interfering with the polling process, added in 1989.
The courts have emphasised that the allegation of a corrupt practice must be proved by clear and cogent evidence, since a finding of corrupt practice has severe consequences, including disqualification.
Election Offences and Model Conduct Rules
Besides corrupt practices, which affect the validity of an election, the Act also defines election offences that attract penal consequences. These include promoting enmity between classes in connection with an election, holding public meetings within 48 hours before the close of the poll, canvassing within a prescribed distance of the polling station, and the unlawful removal of ballot papers. The Act further bars the publication of exit poll results during the period specified by the Election Commission.
The Model Code of Conduct, which the Election Commission issues for parties and candidates, is not a law passed by Parliament. It evolved through consultations with political parties and is enforced by the Commission through its general powers under Article 324, although some of its provisions overlap with offences in the Act. The Act and the Model Code together form the regulatory system for campaigns.
Election Expenses
The Act requires every contesting candidate to maintain a separate and correct account of election expenses and to lodge it with the district election officer within thirty days of the declaration of the result. The expenditure ceiling is set by rules framed by the Government in consultation with the Election Commission and is revised from time to time. A candidate who fails to lodge an account may be disqualified for three years under Section 10A, after an inquiry by the Commission.
Registration of Political Parties
Political parties were not recognised in the Constitution when it was first adopted. The Tenth Schedule and the 1989 amendment of the 1951 Act gave them legal status. Section 29A, inserted in 1989, requires associations and bodies of individuals calling themselves political parties to register with the Election Commission. The application must include a copy of the party’s memorandum or constitution, which must contain a declaration of faith and allegiance to the Constitution of India and to the principles of socialism, secularism and democracy, and to the sovereignty, unity and integrity of India.
The registration brings certain advantages, such as the eligibility to receive electoral symbols under the Election Symbols Order and to benefit from tax exemptions on donations. The Commission may also recognise parties as state parties or national parties, depending on their performance in elections, under rules laid down in the Symbols Order.
Election Disputes and Petitions
The Constitution provides, in Article 329(b), that the validity of an election to Parliament or a state legislature can be challenged only by an election petition presented to the authority and in the manner laid down by law. Under the 1951 Act, such petitions are filed before the High Court of the state concerned. The petition must be presented within 45 days from the date of election of the returned candidate.
The grounds on which an election can be declared void are set out in Section 100. They include the commission of a corrupt practice by the returned candidate or his agent, improper acceptance or rejection of a nomination, the candidate’s lack of qualification at the time of election, and non-compliance with the provisions of the Constitution or the Act which has materially affected the result. An appeal against the order of the High Court lies directly to the Supreme Court within thirty days.
A Landmark Election Case
The Allahabad High Court’s 1975 decision in the election petition against Prime Minister Indira Gandhi, filed by Raj Narain, found her guilty of a corrupt practice under the Act. The case had far-reaching political consequences, and it remains a standard illustration of how election petitions can reach the highest levels of public life.
Role of the Election Commission
The Election Commission of India is a constitutional body under Article 324. It supervises the preparation of electoral rolls, notifies the schedule of elections, scrutinises the conduct of candidates and parties, and has powers to postpone or countermand polls where fairness is threatened. Under the Acts, the Commission also advises the President or the Governor on questions of disqualification of sitting members in certain cases, and the President or Governor acts on that opinion.
The Commission has been aided by several reforms in the Acts. The amendment of 1988 allowed the use of electronic voting machines, which began to be used widely from the 1990s. Provisions for proxy voting by service voters, and postal voting for election duty staff and others, expanded participation. The Commission’s role has grown with its oversight of voter education and campaign finance.
Conclusion
The Representation of the People Acts turn the constitutional promise of free and fair elections into everyday practice. The 1950 Act ensures that the roll of voters and the map of constituencies are in place, and the 1951 Act governs everything from nomination to the declaration of results and the resolution of disputes. Provisions on disqualification, corrupt practices and election offences protect the integrity of the contest.
The law has been shaped as much by amendments as by court decisions, which have expanded voters’ right to information and tightened the rules on disqualification. As India’s electorate grows and campaigning methods change, these two Acts will continue to be updated, but their core purpose remains the same: to ensure that the power of the vote is exercised without fear, fraud or favour.
Frequently Asked Questions
What is the difference between the RPA 1950 and RPA 1951?
The 1950 Act deals with the allocation of seats, delimitation of constituencies and preparation of electoral rolls. The 1951 Act deals with the conduct of elections, qualifications and disqualifications of candidates, corrupt practices, election offences and the settlement of election disputes.
What is the disqualification rule for a convicted legislator?
Under Section 8, a person convicted of specified offences, or sentenced to two years or more for any offence, is disqualified from the date of conviction and for six years after release. Since the 2013 Lily Thomas ruling, a sitting legislator is disqualified immediately on conviction and cannot rely on a pending appeal.
Which body decides election disputes?
Election disputes are decided through election petitions filed before the High Court of the state concerned, within 45 days of the declaration of the result. An appeal against the High Court’s order lies to the Supreme Court within thirty days.
What are corrupt practices under Section 123?
Corrupt practices include bribery, undue influence, appeals for votes on grounds of religion, race, caste, community or language, promoting enmity between classes, publishing false statements about candidates, hiring vehicles for voters and booth capturing. Proof of a corrupt practice can lead to the election being declared void.
Are political parties required to register under the Act?
Yes. Section 29A, inserted in 1989, requires political parties to register with the Election Commission. The party’s constitution must declare allegiance to the Constitution of India and to the principles of socialism, secularism and democracy, and to the sovereignty, unity and integrity of India.
Does the RPA govern the election of the President?
No. The elections of the President and the Vice-President are governed by a separate law, the Presidential and Vice-Presidential Elections Act, 1952, along with Articles 54 to 71 of the Constitution. The Representation of the People Acts govern elections to Parliament and the state legislatures.
