The Representation of the People Act 1951 UPSC CSE

1) What are the Four Noble Truths?

Qualification for the Membership of Lok Sabha (House of People)
- S/He must be an elector in any Parliamentary constituency.
- In case the seat is reserved for the Scheduled Tribes (STs) or for the Scheduled Caste (SCs) s/he must be from that respective community.

Qualification for the Membership of Rajya Sabha (Council of States)
- S/He must be an elector in any Parliamentary constituency.

2) What is the Lion Capital of Ashoka?

Qualification for the Membership a State Legislative Assembly
- S/he must be an elector in any assembly constituency in the concerned state.
- In case the seat is reserved for the Scheduled Tribes (STs) or for the Scheduled Caste (SCs) s/he must be from that respective community.

Qualification for the Membership a State Legislative Council
- S/he must be an elector in any assembly constituency in the concerned state.
- S/he must be an ordinary resident of the concerned state to be qualified for Governor’s nomination.

3) What are the grounds of disqualification from the membership of Parliament or State Legislatures mentioned in the Representation of People Act 1951

Disqualification for the membership of the Parliament or the State Legislatures
- A person must not be convicted under offences that result in imprisonment of two or more years. Detention of a person under preventive detention will not be considered as grounds for disqualification.
- A person must not be found guilty for promoting enmity among people on the basis of religion, race, place of birth, residence, language, etc. or for an offence of bribery.
- A person must not have been found guilty of preaching social crimes such as untouchability, sati, and dowry.
- A person must not be a director or managing agent nor hold an office of profit in a corporation in which the government holds a 25% share.
- A person must not be dismissed from government services for corruption or disloyalty to the state.
- A person must not have any interest in government contracts, works or services.
- A person must not have failed to register their election expenses within the time.
- A person must not have been found guilty of some election offences or corrupt practices in the elections.
Section 8A: A person convicted of any offence that results in imprisonment for not less than two years shall be disqualified from the date of conviction and be disqualified for a further six years from the date of completion of the sentence.

4) Who issues notification for the general election of the House of People?

Election to the Lok Sabha may be held on the dissolution of the house or on the expiry of the duration of the house.The President may issue notification on such dates as may be recommended by the Election Commission of India. Such notification shall not be issued more than six months prior to the expiry of the duration of the house.

Background of RPA Act

the Constitution of India gives power to the parliament and state legislatures to enact laws related to election. Such provisions in the constitution are as follows:

Article 327 mentions the power of the Parliament to make provisions related to the election to either house of parliament and either house of state legislatures.
Article 328 mentions the power of the state legislatures to provisions related to the election to either house of the state legislature provided that the parliament has not made any law in that respect.

In exercise of the power given by the Article 327, the Parliament has enacted several laws related to election in the country:

Representation of the People Act, 1950
Representation of the People Act, 1951
Delimitation Commission Act, 1952

Representation of the People Act 1950

The constitution only provided for the maximum and minimum number of seats for Parliament and the state legislative assemblies and legislative councils under Article 81 and Article 170 respectively. Hence, this Act was enacted to provide allocations of seats to the Lok Sabha and to the state legislative assemblies and legislative councils. Further, this Act also provides for the qualification and registration of electors in the Parliamentary constituency and the legislative assembly and council of the states. The Act makes provisions related to the following issues related to elections:

Allocation of seats in the Lok Sabha, the Legislative Assemblies and the Legislative Councils of states.
Delimitation of constituencies for Parliamentary, State Legislative Assembly, and Legislative Council elections.
Registration, qualification, and disqualification of the electors for Parliamentary, assembly, and council elections, and preparation of electoral rolls for such constituencies.
Election officers responsible for the electoral process, such as the chief electoral officer, district electoral officer, etc.
Lays down the manner in which seats in Rajya Sabha are to be filled by the representatives of the Union Territories.

Introduction of RPA Act

Representation of People Act 1951

This Act provides for various procedures related to the conduct of parliamentary and state assembly elections, qualifications and disqualification of members of houses, offences related to elections, some corrupt practices, etc. An important point to note here is that the state legislatures are also empowered to make laws related to elections to the assemblies and councils under Article 328. But, since the Parliament has already enacted laws on these subjects, the laws of the Parliament will prevail over any laws made by the state legislatures in this regard.

Features of the Representation of People Act 1950
Part II: QUALIFICATIONS AND DISQUALIFICATIONS	Qualification for the Membership of Lok Sabha (House of People)	S/He must be an elector in any Parliamentary constituency. In case the seat is reserved for the Scheduled Tribes (STs) or for the Scheduled Caste (SCs) s/he must be from that respective community.
	Qualification for the Membership of Rajya Sabha (Council of States)	S/He must be an elector in any Parliamentary constituency.
	Qualification for the Membership of State Legislative Assembly	S/he must be an elector in any assembly constituency in the concerned state. In case the seat is reserved for the Scheduled Tribes (STs) or for the Scheduled Caste (SCs) s/he must be from that respective community.
	Qualification for the Membership a State Legislative Council	S/he must be an elector in any assembly constituency in the concerned state. S/he must be an ordinary resident of the concerned state to be qualified for Governor’s nomination.
	Disqualification for the membership of the Parliament or the State Legislatures	A person must not be convicted under offences that result in imprisonment of two or more years. Detention of a person under preventive detention will not be considered as grounds for disqualification. A person must not be found guilty for promoting enmity among people on the basis of religion, race, place of birth, residence, language, etc. or for an offence of bribery. A person must not have been found guilty of preaching social crimes such as untouchability, sati, and dowry. A person must not be a director or managing agent nor hold an office of profit in a corporation in which the government holds a 25% share. A person must not be dismissed from government services for corruption or disloyalty to the state. A person must not have any interest in government contracts, works or services. A person must not have failed to register their election expenses within the time. A person must not have been found guilty of some election offences or corrupt practices in the elections. Section 8A: A person convicted of any offence that results in imprisonment for not less than two years shall be disqualified from the date of conviction and be disqualified for a further six years from the date of completion of the sentence.
Part III: NOTIFICATION OF GENERAL ELECTIONS	Notification of biennial election to the Rajya Sabha	The President may issue notification on such dates as may be recommended by the Election Commission of India. Such notification shall not be issued more than three months prior to the expiry of term of the members.
	Notification of election to the Lok Sabha	Election to the Lok Sabha may be held on the dissolution of the house or on the expiry of the duration of the house. The President may issue notification on such dates as may be recommended by the Election Commission of India. Such notification shall not be issued more than six months prior to the expiry of the duration of the house.
	Notification of election to the State Legislative Assembly	Election to a State Legislative Assembly may be held on the dissolution of the house or on the expiry of the duration of the house. The Governor or the administrator (as the case may be) shall issue the notification on such dates as may be recommended by the Election Commision of India. Such notification shall not be issued more than six months prior to the expiry of the duration of the house.
	Notification of biennial election to the State Legislative Council	The Governor may issue notification on such dates as may be recommended by the Election Commission of India. Such notification shall not be issued more than three months prior to the expiry of term of the members.
Part IV: ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS	Administrative Machinery	Delegation of functions by the Election Commission Duties of the Chief Electoral Officer, District Election Officer, Observers, Returning Officer, etc. Appointment of Returning Officer, Presiding Officer, Polling Officer for the polling station, etc. Other provisions for the conduct of an election.
Part IVA: REGISTRATION OF POLITICAL PARTIES	Registration of Political Parties with Election Commission	Registration with the Election Commission of association and bodies as political parties Political parties entitled to accept contribution Declaration of donation received by the political parties
Part V: CONDUCT OF ELECTIONS	Conduct of elections	Provision related to the nomination of the candidate, requirements for filing nomination such as furnishing required documents and other information, deposits, withdrawal of nomination, etc. Scrutiny of such nomination, publication of list of the accepted nomination. Provision related to the candidates and their agents. Other provisions related to the conduct of election including election expenses, declaration of assets, declaration of results, etc.
Part VA: FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES	Free supply of certain material to the candidates of recognised political parties	Materials such as the electoral roll to be supplied to candidates of recognised parties.
Part VI: DISPUTES REGARDING ELECTIONS	Election disputes	Provisions related to election petitions, High Court to try election petitions, appeals to the Supreme Court and other related provisions
Part VII: CORRUPT PRACTICES AND ELECTORAL OFFENCES	Corrupt Practices and Electoral Offence	Corrupt Practices: Section 123 defines ‘corrupt practices’ which include bribery, undue influence, promotion or an attempt to promote feeling of enmity or hatred between different classes and other offences that are deemed to be corrupt practices. If a person is found guilty of such corrupt practices, s/he can be disqualified from the membership of the house. Electoral Offences: Some important offences mentioned in the Act are: Section 125: Promoting enmity between different classes Section 125A: Penalty for filing false affidavit Section 126: Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll Section 126A: Restriction on publication and dissemination of result of exit polls Section 127 A: Restrictions on the printing of pamphlets, posters, etc. Section 129: Officers, etc., at elections not to act for candidates or to influence voting Section 130: Prohibition of canvassing in or near polling station Section 131: Penalty for disorderly conduct in or near polling stations
Part VIII: DISQUALIFICATIONS	Powers of Election Commission in connection with Inquiries as to Disqualifications of Members	Provisions related to the power of Election Commission in disqualification proceedings and procedures to be followed by the commission.

Challenges

Although the RP Act 1951 covers a range of scenarios related to the conduct of elections, there are several challenges in the implementation of the Act, both in letter and in spirit.

Incorrect and incomplete disclosures: There have been several cases where the candidates have filed incomplete and incorrect details about their personal details, assets and liabilities, etc. Such failures to disclose the correct information jeopardises the decision making of a voter.
Independence of the Election Commission: The Act enumerates the power of the Election Commission related to disputes, issue of notification, and other powers related to the conduct of elections. But there have been questions raised about the independence of the Election Commission and its ability to conduct free and fair elections.
Limitations of the Election Commission: Due to the expansion of digital mediums of communication and marketing, such as social media, it is difficult for the Election Commission to track and act on all violations. The Election Commission and election machinery is already stretched, and there is a resource crunch, so it is difficult to take cognisance of any violations and many such cases go unnoticed.
Role of government officials: For the conduct of the election, the Election Commission appoints public officials and entrusts them with various powers. Impartial and non-political conduct from the officials is necessary for free and fair elections. However, there have been several instances where the officials have displayed impartiality.
Office of Profit is not defined: the Constitution does not define the ‘term office of profit’ and neither this Act gives any clarity. Although the Parliament had passed a law, the Parliament (Prevention of Disqualification) Act, 1959, that exempted some posts from disqualification on the grounds of ‘office of profit’, there is no clear definition of this term. So this leaves room for misuse of the provision, and then courts have to decide on the cases.

Prelims PYQS of The Representation of the People Act 1951

Consider the following statements: (2012)
1. Union Territories are not represented in the Rajya Sabha.
2. It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
3. According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
Which of the statements given above is/are correct?

(a) 1 only
(b) 2 and 3
(c) 1 and 3
(d) None

Show Answer

Correct Answer :(d) None

For election to the Lok Sabha, a nomination paper can be filed by (2017)

(a) anyone residing in India.
(b) a resident of the constituency from which the election is to be contested.
(c) any citizen of India whose name appears in the electoral roll of a constituency.
(d) any citizen of India.

Show Answer

Correct Answer :(c) any citizen of India whose name appears in the electoral roll of a constituency.

Consider the following statements: (2019)
1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.
2. The above-mentioned Act was amended five times.
3. The term ‘Office of Profit’ is well-defined in the Constitution of India.
Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Show Answer

Correct Answer :(a) 1 and 2 only

Consider the following statements: (2020)
1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a state for six months even if he/she is not a member of the Legislature of that state.
2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.
Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Show Answer

Correct Answer :(a) 1 only

RPA Act