Question and Answer Related to Representation of People Act FOR UPSC Mains Exam

Q: What are the important Acts related elections?

The important act related to the elections is as follows,

1. Constitution of India

2. Representation of people’s Act 1950, 1951 with their amendments and rules made under them.

3. Parliament (prevention of disqualification) Act 1959 and

4. Delimitation of council constituencies’ orders.

Q: What are the Overall Salient Features of Representation of People Act

1. Part 21 of Indian constitution mentioned the provisional parliament and the provisional parliament enacted representation of people act 1951, so that general elections could be conducted according to the rules mentioned.

2. The representation of People’s Act contains 13 parts (2 parts added as amendments). Each part is divided into different sections making it a total 171 numbered sections.

3. In the whole document, EXPRESSION was not used in 1951 act but it does have the meaning in Art 43 of 1951 Act.

4. Chief electoral officer is mentioned in Sec 13 A

5. Corrupt practices are mentioned in Section 123

6. ELECTION means an election to fill a seat or seats in either the House of parliament or in the house of legislator of the state other than state of J and K.

Some more Salient features of representation of people act 1951

1. The Lok Sabha seats are to be filled with direct elections and one seat for every constituency and one person for one seat.

2. Election commission can also been conferred the power to determine the constituency to be reserved for SC in the states of Meghalaya, Mizoram, Nagaland and Tripura.

3. President of India can conferred the power to amend orders delaminating constituency, only after consultation the election commission.

4. Each state to have a chief electoral officer nominated or designated by election commission in consolation with the state government. The election commission will also appoint district level election commissioners in consultation with the state government.

5. 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 b disqualified for registration in an electoral roll if h is either not a citizen of India or is of unsound mind or is disqualified from voting.

6. The electro 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 many apply to the elector registration officer for the inclusion of his name in that roll.

7. Power to make rules under this act conferred to the central government, which can exercise this power in consolation with election commission. The civil courts have also been barred to the question the legality of any action of electoral registration officer regarding revision of such electoral roll.

Some more Salient features of Representation of people act 1951

This act is deals with the qualification matters, disqualification matters, provision related to political party, and appeal structuring.

Qualification Matters

1. Only electoral can be representative the constituency. If a person is not eligible to vote, so he can’t contest the election in Lok Sabha and Rajya Sabha.

2. In case of Lok Sabha, if the seat is reserved for SC, a non SC voter cannot 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 electors should be enrolled as a voter in the same constituency.

3. The same criteria are followed in the legislative assembly of the state, barring that the elector should be an eligible voter in the same state.

Disqualification Matters

1. If a person is convicted under a punishable offence related to promoting enmity, bribery, undated influence, or presentation at an election, rape, cruelty towards a women, 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, offence 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 is sent to jail for at least 2 years. This disqualification is for six years after the person is released from jail.

2. The other grounds for disqualification are as follows

a) If found guilty of corrupt practices

b) Dismissed for corruption

c) Disqualified for a contract entered into with government related matters

d) A person remains disqualified as long as he managing agent, manager or secretary of any government company or corruption

e) If fails to lodge expense accounts of elections.

3. Provision related to political parties

a) Every association or body which calls itself a political party shall have to apply to election commission of India for registration. The election commission will register that party after considering all the particulars, relevant factors and after hearing the representative of the party.

b) The election commission decision regarding registration will be final

c) If a political party changes its name or address, it shall communicate the election commissioner as soon as it does so.

d) A registered political party many accept any voluntary contribution by any person or company within India other than a government company. Political party is not allowed to seek and receive contribution from foreign sources.

e) Each political party has to prepare the report related to contribution more than 20000 from persons and companies in year and submit to the election commission.

4. Appealing structure

a) Every elected candidate shall submit the declaration of his assets and liabilities within 90 days from talking oath

b) Every contesting candidate is required to maintain account of election expenses.

c) Election petitions are to be heard in high court and appeal to Supreme Court. High court has to conclude such petition within in six months from the date of petition. High court can intimate its decision to election commission and speaker / chairman. Appeal to Supreme Court can be made within 30 days.

d) 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.

e) The often listed in the acts are as follows

i) Promoting enmity

ii) Public meetings within prior 48 hours of polling

iii) Creating disturbances

iv) Restrings on the printing of pamphlets, posters etc

v) Officer acting for a candidate

vi) Canvassing in or near polling stations

vii) Illegal hiring or procuring of conveyance

viii) Breach of official duty

ix) Removal of ballot papers

x) Booth capturing

xi) No liquor sale within 48 hours to the polling to the conclusion of polling

a) In case of enquiry, the EC decision is final and can enforce any action. The election has power to regulate its own procedure

b) For election related works, the following are to be made available to the election commission via every local authority, university, Government Company, any other institutions undertaking under the control of state or central government.

Q: What are the Recent Judgments and why the Representation of people Act 1951 is in news?

The two recent judgments of Supreme Court on electoral laws to cleanse the politics:

Lily Thomas Vs Union of India: ruled that Section 8(4) of the Representation of the People Act (RPA) was ultra virus since it provides a three-month window to legislators to file an appeal against conviction of crimes.

 Why ultra virus? (Court says once convicted, article 101 will come into picture which disqualifies persons according to provisions of article 102).

Ø However art. 102 say person is disqualified according to law made by parliament.

Ø And parliament made RPA according to which person stands disqualified on conviction; so once convicted art.101 will come into picture, thereby nullifying provisions of sec 8(4) – (constitution is supreme to ordinary laws).

Ø But constitutional expert Acharya (former secretary-general of parliament says there’s no immediate disqualification)

Ø Article 101(3)(a) of the constitution which provides that “if a member of either house of parliament- becomes subject to any of the disqualifications mentioned in Article 102 (detailed provisions of the article are mentioned below), his seat shall thereupon become vacant.

Chief Election Commissioner Vs Jan Chaukidar: more controversial ruling as it bars those in police custody or under arrest from contesting elections. The court concluded that section 8(4) of RPA, which defers the date on which the disqualification will take effect, is ultra-virus the constitution because it is inconsistent with articles 101(3)(a) and 190(3)(a). It is important to note that the court didn’t go into the question of whether section 8(4) infringes the equality provision in Article 14.

It is obvious that the second ruling is ripe for misuse. If the view of the Supreme Court it is accepted, then a rival politician need only get a false First Information Report (FIR) filed against his political rival and have him sent to police custody or jail to disqualify him. A large number of criminal cases against politicians, in any case, are of a “political” nature – an outcome of agitation politics, protests, civil disobedience and so on. Even in the past and the present, some of our best law-makers have been part of various civil disobedience and protest movements.

Q: What are Effects of recent Judgments by Supreme Court?

Supreme Court in their recent judgment of Lilly Thomas Vs Union of India ruled that MP/MLA/MLC who is convicted of a crime will b disqualified as an elected representative on the date of conviction. Furthermore, section 8(4) of the representation of people act, which allowed elected representation three months to appeal their convictions, was declared unconstitutionally by the bench of Justice AK Patnaik and Justice S J Mukhopadhaya. In an attempt to overturn this decision, the bill was introduced by Mr. Kapil Sibal in Rajya Sabha with a new amendment i.e. Indian government also filed a review petition in Supreme Court BUT Supreme Court dismissed. On 24th Sep 2013, fodder scam verdict, the government tried to bring the bill into effect as an ordinance. However, Rahall Gandhi, Vice President of Indian national Congress made is opinion of the ordinance clear in a press meeting. It’s complete non sense. It should be torn up and thrown.

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