Representation of Peoples Act

Published on 20 Dec 2024

Representation of People’s Act, 1950

The legislation covers matters like delimitation, electoral roll and qualification for voters.

• Delimitation: The President of India has been conferred with the power to amend orders related to delimitation, after consulting the Election Commission of India.

• Allocation of seats: Every state shall get representation in the Lok Sabha in proportion to its population.

• Electoral roll: The legislation permits the registration of persons in electoral rolls, along with the conditions to be satisfied for getting enrolled into the registry.

• Election officers: The act specifies the duty of officers involved in conducting elections, like the Chief Electoral Officer, Returning Officer, Election Registration Officer etc.

Representation of People’s Act 1951 (RPA, 1951)

The Representation of People’s Act, 1951 broadly covers aspects like the qualification and disqualification of members, the procedure of conducting elections, the procedure to settle election disputes etc. Some salient features of the legislation are given below.

• Qualification and disqualification of members: Certain qualification conditions mentioned in the act must be satisfied for conducting elections to the central and state assembly. The act also provides grounds for removal from the office.

• Conducting election: The act gives an overview regarding publishing election notification, administrative machinery for conducting election, procedures during poll, counting, result declaration etc.

• Registration of political parties: The legislation requires all political parties to be registered with the Election Commission. The criteria for declaring a party as National / State party has also been mentioned.

• Restrictions upon political parties: Political parties cannot take donations for government owned enterprises and must report donations over 20000 received for any person or company.

• Election disputes: The act defines various election offenses and the mechanism to deal with various election disputes.

Grounds for removal from the office as per Representation of People Act, 1951

The Constitution has mentioned certain grounds for removing a legislator from the Parliament or the state assembly. Apart from those, the RPA, 1951 mentions certain clauses which call for the disqualification of a member from the legislature.

• Section 8(1): Mentions specific offences such as promoting enmity between groups, bribery and undue interference at an election.

• Example: Azam Khan lost his assembly membership in UP Assembly for the crime of promoting hate speech.

• Section 8(2): Lists offences that deal with hoarding or profiteering, adulteration of food or drug and for conviction and sentence of at least six months for an offence under any provisions of the Dowry Prohibition Act.

• Section 8(3): A person convicted of any offence and sentenced to imprisonment of not less than two years shall be disqualified from the date of conviction and shall continue to be disqualified for a further of six years after his release.

• Example: Rahul Gandhi got disqualified when the Surat High Court convicted him of defamation and sentenced him for 2 years.

• Section 9: Disqualification for corruption or disloyalty, and for entering into government contracts while being a lawmaker.

• Example: Jayalalithaa being disqualified for possessing disproportionate assets by misusing public office.

• Section 10: Disqualification for failure to lodge an account of election expenses.

• Section 11: Disqualification for corrupt practices.

• Example: Lalu Prasad Yadev got disqualified after being convicted for a fodder scam case.

Procedure to decide election disputes as per the Representation of People’s Act, 1951

Election disputes are filed on the grounds of engaging in corrupt practices, questioning the validity of the votes and for non compliance of provisions in Representation of People’s Act, 1951 with respect to conduct of election. The procedure to be followed are given below:

• Filing petition: Any person who wishes to challenge the election of a returned candidate can file a petition before the High Court. The petition must clearly state the grievance alleged by the petitioner.

• Time period: The petition must be filed within a time period of 45 days.

• Filing counter affidavit: The returned candidate and other relevant parties have the right to file a counter affidavit in response to the petition.

• Hearing of petition: The High Court will consider the arguments and evidence presented by the parties.

• Judgement: After hearing the arguments, the court shall issue a judgment, a decision declaring the election of the candidate void or else upholding it.

Suitability of Representation of People’s Act (RPA) to address present elections in India 

Despite provisions to facilitate smooth election in the country, the has certain shortcomings which question their suitability in India’s current electoral system.

• Criminalization of politics: The legislation has failed to prevent the infusion of criminal elements into the electoral system.

• Example: The rate of criminalization among Parliamentarians increased from 24% in 2004 to 43% in 2019.

• Electoral malpractices: Instances of electoral malpractices like booth capturing, voter intimidation and bribery have been reported.

• Example: Booth capturing and violence, killing 13 people, was witnessed during West Bengal local body election.

• Delay in legal processes: There has been delay in solving the disputes and in determining the legitimacy of the elected representatives.

• Example: More than 5000 cases against MP’s and MLA’s are pending before the judiciary.

• Loopholes in the legislation: Critics have pointed out certain loopholes and ambiguities which could be exploited.

• Election expenditure: The legislature has not been able to control the free flow of money into election campaigns, which hinder fair election processes.

• Example: Around 60000 crore was spent by various parties during the 2019 general elections.

How Representation of People’s Act, 1951 need to be reformed

• Regulation of election expenses: There should be provisions to have more control over the money spent by political parties on election expenses.

• Strict provisions to control criminalization: Thorough background check and adequate checks to prevent those involved in heinous crimes are not contested in elections.

• Check on election violence: Empower the Election Commission to take strict action against political parties whose agents get involved in malpractices.

Hence, the Representation of People’s Act of 1951 needs to incorporate some of these measures to address the threat of criminalization and corruption associated with the present electoral system.

Tags:
Polity

Keywords:
Elections Representation of People’s Act 1950 Representation of People’s Act 1951 (RPA 1951)

Syllabus:
General Studies Paper 2

Topics:
Parliament and State Legislatures