Representation of People Act 1951

Representation of People Act 1951

 

Introduction

  • 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.

 

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.
  • It was introduced in Parliament by law minister Dr. B.R. Ambedkar. The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election.

 

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.

 

Importance of Representation of People Acts 1951

  • Accountable and Transparent: Only registered parties can receive funds through electoral bonds, ensuring transparency. There are rules in place to monitor how candidates use public resources to maintain accountability.
  • Free and Fair Elections: The law prevents corrupt practices like booth capturing, and making elections fair.

Spending Limits: There are spending limits for elections to prevent excessive spending. Candidates in large states can spend up to Rs. 28 lakh for Assembly elections and Rs. 70 lakh for Lok Sabha elections

  • Decriminalization of Politics: The law keeps people with criminal backgrounds from entering politics and has rules for disqualifying MPs and MLAS.
  • State Representation in Parliament: Every state is represented in Parliament, promoting India's federal system.
  • Delimitation Commission: The number of MPs and MLAs in each state is based on its population, ensuring equality.
  • Direct Democracy: People have the power to choose their representatives, promoting direct and participatory democracy

Curbing Corruption: The Representation of Peoples Act of 1951 covers both government and non-government officials when it comes to corrupt practices.

 

Challenges of Representation of People Acts 1951

  •  Shortage of Independent Staff at the Election Commission of India: Because the Election Commission of India doesn't have enough of its own employees, it has to rely on outside staff to organize elections. This causes problems for the commission's work and also affects the entire administrative system.
  • No Limits on Political Party Spending: While individual candidates must keep track of their election expenses within certain limits, political parties can spend as much as they want without any restrictions. This lack of rules can distort the election process.
  •  Misuse of Public Funds and Official Resources: The rules (RPAS) don't clearly address how official resources can be misused, which can give an unfair advantage to the ruling party and lead to public funds being used to help specific parties in elections.
  • Indira Gandhi's Electoral Wrongdoings: In 1975, a judge named Jagmohan Lal Sinha found Indira Gandhi guilty of breaking election rules. As a result, she couldn't hold an elected office for six years, and the election in her area was declared invalid.
  •  Candidates Not Revealing Full Details: Even though the Supreme Court of India and the Representation of the People Act (RPA) require candidates to disclose all their assets and debts, many candidates don't provide accurate information.
  •  The Election Commission of India's Financial Dependence: Despite having a constitutional status, the Election Commission of India is not completely independent because it relies on the central government for its financial needs.

 

Way  to Forward:

  •  By an amendment made to the RPA 1951, conducting and publishing results of exit polls have been prohibited.

○There should be a similar prohibition or restriction on opinion polls also as several manipulated opinion polls could impact the voting pattern.

  •  The RPA ,1951 should be amended to include all the items related to the election disclosure in the affidavit and making false declarations in connection with the election to be an offense.
  • In order to curb the practice of bureaucratization of politics and to secure complete independence of the Election Commission, its expenditure should be charged on the Consolidated Fund of India.
  •  Parliament must pass a law dealing with the serious problem of delisting of valid electors from electoral rolls because illiterate electorate residing in far villages cannot watch over the publication of electorate lists.
  •  To minimize the role of money in elections, provisions should be made for state funding of elections.