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Introduction:India being the largest democracy of the world, elections in India have been the largest electoral exercise in the world since the 1st general elections of 1952. Representation of Peoples Act 1951 is an act enacted by the Indian provincial parliament before first general elections. The People’s Representation act provides for the actual conduct of elections in India. The act also deals with details like qualification and disqualification of members of both houses of Parliament (i.e. Loksabha and Rajya Sabha) and the state legislatures (i.e. State Legislative Assembly and State Legislative Council). Rules for the mode of conduct of elections is highlighted in detail.About:
- The RP Act, 1951 is of special significance to the smooth functioning of Indian democracy, as it checks the entry of persons with criminal background into the representative bodies. RP act, 1951 was amended many times, the major amendment being made in 1966.
- The original RPA 1951 contains 13 parts and 171 sections. Part 2 deals with qualifications and disqualifications of the members of the parliament and the state legislatures. Part 4A deals with the registration of political parties. Part 5A deals with the free supply of certain materials to candidates of recognised political parties. Part 13A mentions the Chief Electoral Officer.
- This act is important because it is cited judges frequently in preventing criminals from entering the electoral system and representative bodies of the country.
Salient Features of the Representation of People Act 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 offences at or in connection with such elections
- The decision of doubts and disputes arising out of or in connection with such elections.
- By-elections to the vacant seats.
- Registration of political parties
Qualification for membership of the Lok Sabha: 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 Tribe 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 qualified to be chosen as a representative of any State or Union territory in the Rajya Sabha unless he is an elector for a Parliamentary constituency.
Disqualification: Also, a person can be disqualified on various grounds. E.g.: corrupt practices, office of profit, person convicted of any offence and sentenced to imprisonment for not less than two years etc.
Election expenses: 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.
Corrupt practices: Section 123 defines the corrupt practices like bribery, undue influence, inciting religious sentiments, booth capturing etc.
Election disputes: The Representation of the People (Amendment) Act, 1966 abolished the election tribunals. It transferred the election petitions to the High Courts whose orders can be appealed to Supreme Court. However, election disputes regarding the election of President and Vice-President are directly heard by the Supreme Court.
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.
- The recent judgement in the Abhiram Singh v/s E.D. Commachen case, section 123(3) of the act was repealed. The promotion of feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community was considered unconstitutional.
- In Lily Thomas v/s Union of India, the Supreme Court declared Section 8 (4) of the Representation of the People Act, 1951, (RPA) which allowed legislators a three-month window to appeal against their conviction — effectively delaying their disqualification until such appeals were exhausted — as unconstitutional.
- The 2004 judgment of the Patna High Court in Jan Chaukidari v Union of India — upheld by the Supreme Court on 10 July, 2013— all those in lawful police or judicial custody, other than those held in preventive detention, will forfeit their right to stand for election.
Conclusion:
Elections are the life blood of any democracy. The robustness of electoral processes determines the fate of the nation. The timely reforms to the electoral process by ECI, according to the changing needs of the society and the strong review of the judiciary have helped in conduction of free and fair elections till date.
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