Representation of People Act, 1951, was passed by Parliament in compliance with Article 327 of the Indian Constitution. The Act is divided into 171 sections and 13 parts. Parliament drafted the Act to ensure an efficient election process. The Act is to provide the allocation of seats in, and the delimitation of constituencies for the purpose of election to, the House of the People and the Legislature of States, the qualifications of voters at such elections, the preparation of electoral rolls and matters connected therewith.

There have been questions on the topic of the Representation of People Act, 1951 in the UPSC exams earlier. This article explains about Provisions and Salient features of Representation of People Act, Which is useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

Provision Under Representation Of People Act, 1950

• Articles 324–329 in Part XV of the Indian Constitution, establishes the election system in India.
• The Representation of the People Act, 1951 is an act of the Indian Parliament that provides for the conduct of elections to the Houses of Parliament and the House or Houses of the Legislature of each State 
• Key Provisions: 
  • It regulates how elections and by-elections are held.
  • It provides the administrative infrastructure for holding elections.
  • It has to do with political party registration.
  • It lays out the requirements and disqualifications for House membership.
  • It includes laws to combat corruption and other crimes.
  • It lays out the method for resolving election-related concerns and controversies.

Delimitation Commission

• After each census, the Parliament enacts a Delimitation Act under Article 82 of the Constitution.
• The Central Government establishes a Delimitation Commission upon the Act's entry into force.
• Delimitation Commission demarcates the borders of Parliamentary Constituencies.
• Under the rules of the Delimitation Act of 2002, the current delimitation of seats was done on the basis of the 2001 census.
• Despite the foregoing, the Indian Constitution was revised in 2002 to prohibit the delimitation of constituencies until the first census after 2026. As a result, the current Constituencies, which were created based on the 2001 census, will continue to exist until the first census after 2026.
• After consulting with the Election Commission, the Indian President can amend orders delimiting constituencies.

Salient Features of the Representation of People Act, 1951

Representation of People Act, 1951 of Parliament of India that governs elections to the Houses of Parliament and the House or Houses of the State Legislature, as well as the qualifications and disqualifications for membership in those Houses, as well as the conduct of such elections and the resolution of doubts and disputes.

Qualification for Contesting Election

• A person must be a member of the constituency's electorate.
• If a person wants to contest for a seat reserved for them, he or she must be a member of a Scheduled Caste or Scheduled Tribe in any state/Union Territories.

The minimum age to be a Member of: 

• Parliament and State Legislature is 25 years.
• Panchayat and Municipality levels are 21 years.

Disqualification of MPs and MLAs

The RPA of 1951 established a set of rules for disqualifying MPs and MLAs.

• According to Section 8 (3) of the Act, if an MP or MLA is convicted of any other felony and sentenced to two years or more in prison, he or she will be disqualified for six years from the date of release.
• Even if a person is out on bail after a conviction and his appeal is still pending, he remains ineligible to run for office.
• Section 8(4) enabled convicted MPs, MLAs, and MLCs to keep their jobs if they appealed their convictions/sentences to higher courts within three months of the trial court's decision.
• In July 2013, the Supreme Court ruled section 8(4) of the RPA, 1951, to be ultra vires, and held that the disqualification begins on the day of conviction.

NOTA Option

In the 2013 General Election for State Assemblies, none of the above were included in the ballot papers or Electronic Voting Machines (EVMs).

Right to Vote

• Apart from Article 326 of the Constitution, Section 62 of the RPA, 1951 guarantees that everyone on the electoral roll in that constituency is eligible to vote.
• In any given election, a person can only vote in one constituency and only once.
• A person who is incarcerated, whether on a term of imprisonment or transportation, is not entitled to vote; nevertheless, he is eligible to vote if he is in preventive detention.
• The Election Commission of India had stated in 2014 that people in preventive custody, but not under-trials or convicts, have the right to vote.
• The Act, on the other hand, allows persons serving terms of less than two years to run for office while in prison.

Provision related to Political Parties

• To become a political party, any organisation or group must register with the Election Commission of India, whose decision on registration will be final.
• Political parties that have been registered can eventually be recognised as a "State Party" or a "National Party."
• Any change in a registered political party's name or address must be reported to the ECI.
• The Election Commission of India is unable to derecognize a political party.

Voluntary Contributions

• The registered political party can accept voluntary contributions from any person or corporation in India (other than a government company).
• Any amount of money can be donated to any political party by a corporation.
• The corporation is under no duty to include such donations in its profit and loss account.
• Political parties are required to furnish a list of donations over Rs. 2,000 to the Election Commission of India.
• Cash donations to political parties are limited to Rs 2000.
• Political parties can now receive contributions from foreign firms that meet the requirements of the Foreign Contribution (Regulation) Act of 2010.

VVPAT

• The Voter Verifiable Paper Audit Trail is a separate mechanism connected to the EVMs that allows voters to double-check that their ballots were cast correctly. 
• In the People's Union for Civil Liberties vs. Union of India, 2013 case, the Supreme Court allowed the ECI for the "requirement of free and fair elections".

Declaration of Assets and Liabilities

• Individuals running for office must produce an affidavit detailing their criminal history, financial assets and liabilities, and educational qualifications.
• MPs must file a statement of assets and liabilities with the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha after being elected.
• MPs must make these disclosures within 90 days of taking their seats in Parliament.

Against Corrupt Practices

• Corruption affects all authorities, whether they are government or non-government.
• Bribery is defined as any gift, offer, promise, or gratification given to someone as a motivator or incentive.
• Unreasonable Influence: Any direct or indirect interference or attempt to interfere with the free exercise of any electoral right on the part of the candidate.
• Any assertion of fact about a candidate's personal character or conduct that is inaccurate is published by that candidate.
• The hiring or obtaining of any vehicle to or from any voting location by a candidate of any elector.

Voting Through Postal Ballot

• The Election Commission of India, in cooperation with the concerned government, can notify any class of person who can vote by postal ballot.

Against Promoting Enmity

• Anyone who promotes or seeks to foster feelings of hostility or hatred amongst different groups of Indian residents on the basis of religion, race, caste, community, or language can be imprisoned for up to three years.
• Public meetings are prohibited for a period of 48 hours, concluding at the hour set for the poll's conclusion.

Ceiling on Expenditure

In a Lok Sabha election, a candidate in a major state can spend up to Rs 70 lakh, and in an Assembly election, up to Rs 28 lakh.

Section 126 of the RPA, 1951

• The display of any election topic on television or other comparable apparatus in a constituency is prohibited 48 hours before polling ends or closes.
• The print media, news websites, and social media are exempt from Section 126.
• During the time frame stated, Section 126A bans the conduct of an exit poll and the distribution of its results.

Counting of Votes

• The votes are tallied by, or under the supervision of, the Returning Officer, and the contesting candidate, his election agent, and his counting agents at every election when a poll is taken.
• The Returning Officer shall notify the Election Commission of India if any ballot papers are destroyed, lost, damaged, or tampered with during the counting process.

Right to Information

Candidates must disclose whether they are currently charged with a crime punishable by a sentence of two years or more in prison or have been convicted of a crime.

Representation Of People Act 1951 : Historical Background

• The electoral system in India is governed by Articles 324 to 329 of Part XV of the Indian Constitution. The Parliament has the power to adopt laws concerning elections to the Parliament and the State Legislature, according to the Constitution.
• Article 324 of the Constitution establishes the Election Commission of India as the country's watchdog for free and fair elections.
• In this context, the Representation of the People Act (RPA), 1950, and the Representation of the People Act, 1951, were enacted by Parliament.

Conclusion

The Election Commission of India's powers are vast and all-encompassing, far beyond the executive's in all election-related matters during the election period. The only thing lacking is the resolve and integrity of responsible officials, which would give it adequate tools for dispensing free and fair elections. To ensure the fairness and transparency of the general election and dispel any doubts about its integrity as a respected institution, the Election Commission of India should become more cautious and assertive.

FAQs

MCQs

1. Which of the following governs election conduct in India?

A) Article 356
B) Representation of People Act, 1951
C) Article 370
D) Preamble of the Constitution

2. What is the minimum age requirement to contest Lok Sabha elections as per the RPA, 1951?

A) 18 years
B) 21 years
C) 25 years
D) 35 years

3. Which section of RPA 1951 ensures the right to vote for all registered voters?

A) Section 8
B) Section 21
C) Section 62
D) Section 9

4. Who has the authority to amend orders delimiting constituencies?

A) President
B) Parliament
C) Election Commission
D) Chief Justice of India

5. What is the maximum permissible expenditure for a candidate in Lok Sabha elections?

A) ₹10 lakh
B) ₹25 lakh
C) ₹50 lakh
D) ₹70 lakh

GS Mains Questions and Model Answers

Q1: Explain how the Representation of People Act, 1951, contributes to free and fair elections in India.

Answer: The Representation of People Act, 1951, supports democratic principles by establishing election procedures, disqualification criteria, and voter eligibility. It curtails corrupt practices, mandates financial disclosures, and ensures a transparent voting process with mechanisms like VVPAT. By instituting legal frameworks, the Act fosters electoral integrity and representative governance.

Q2: Discuss the significance of VVPAT as part of the Representation of People Act, 1951, in ensuring voter transparency.

Answer: The Voter Verifiable Paper Audit Trail (VVPAT) provides transparency by allowing voters to verify their electronic votes. It reinforces confidence in EVMs by mitigating potential tampering fears, promoting free and fair elections, and upholding democratic accountability, aligning with Supreme Court recommendations.

Q3: Analyze the impact of the NOTA option on the democratic process in India.

Answer: The "None of the Above" (NOTA) option, introduced on EVMs in 2013, empowers voters to reject all candidates, promoting political accountability and expression of dissent. It can signal public dissatisfaction, encouraging parties to field better candidates, although it does not affect election outcomes directly.

Previous Year Questions on Representation of People Act, 1951

1. UPSC CSE Prelims 2019:

Question: Which provision ensures disqualification of MPs and MLAs convicted of criminal offenses?

A) Article 324
B) Section 8 of RPA 1951
C) Article 19
D) None of the above

Answer: (B)

Explanation: Section 8 of the RPA 1951 mandates disqualification for MPs and MLAs convicted of certain offenses, enhancing integrity in public office.

2. UPSC CSE Mains 2018 (GS Paper 2):

Question: "Examine how the Representation of People Act, 1951, reinforces electoral transparency and accountability in India."

Answer: The RPA, 1951, enforces electoral transparency by regulating candidacy, disqualification, and voting rights. It counters corruption, enforces financial disclosure, and mandates VVPAT for verification, collectively reinforcing democratic accountability.