Representation of the People Act, 1950 is a pivotal piece of legislation passed by Indian Parliament to regulate the electoral system in India specifically addressing matters related to elections to Lok Sabha (House of the People), State Legislative Assemblies & Legislative Councils. This Act deals primarily with process of elections & qualifications & disqualifications of voters. It also provides mechanisms for preparing electoral rolls, allocating seats & delimiting constituencies.
Key Objectives of the Representation of the People Act, 1950
- Allocation of Seats to the Lok Sabha & State Legislative Assemblies:
- Act outlines the manner in which seats should be allocated to Lok Sabha & State Legislative Assemblies.
- It also provides for reservation of seats for Scheduled Castes & Scheduled Tribes.
- Delimitation of Constituencies:
- Act provides for process of delimiting constituencies for purpose of elections to Lok Sabha & Legislative Assemblies.
- Qualification & Disqualification of Voters:
- It establishes eligibility criteria for voters & outlines conditions under which a person may be disqualified from voting.
- Preparation of Electoral Rolls:
- Act mandates the preparation & maintenance of electoral rolls which are lists of eligible voters for each constituency.
- Manner of Filling Seats:
- It specifies the manner in which seats in the Lok Sabha & Legislative Assemblies are to be filled by direct election or through other specified processes.
Allocation of Seats to Constituencies under the Representation of the People Act, 1950
The allocation of seats & electoral representation across India is divided into four schedules:
- First Schedule: Defines the number of seats for each state in the Lok Sabha including reservation of seats for Scheduled Castes & Scheduled Tribes.
- Second Schedule: Specifies number of seats in each state’s Legislative Assembly.
- Third Schedule: Allocates seats for Legislative Councils in states.
- Fourth Schedule: Defines local authorities for elections to Legislative Councils.
Delimitation & Role of Delimitation Commission
Delimitation is process of defining boundaries of constituencies for elections. This is important for ensuring fair representation based on population changes. Delimitation Commission is statutory body responsible for redrawing boundaries of constituencies after each census.
Delimitation Commission: A high-powered body established by President of India responsible for redrawing boundaries of constituencies based on population data from the most recent census.
- Constituted four times: In 1952, 1963, 1973, 2002.
- Delimitation Commission’s orders have force of law & cannot be challenged in court.
- Election Commission is responsible for consolidating these delimitation orders into a unified electoral order.
Relevant Articles for Delimitation
- Article 82: After each census Parliament adjusts the seats in Lok Sabha.
- Article 170: After each census Legislative Assemblies of states are readjusted.
Qualifications and Disqualifications of Voters
To be eligible as a voter a person must meet specific conditions:
- Age: individual must be at least 18 years of age on qualifying date.
- Citizenship: person must be a citizen of India.
- Residency: individual must be an ordinarily resident in constituency in which they wish to vote.
- Disqualifications:
- Unsound mind as declared by a competent court.
- Disqualification due to corrupt practices or election-related offenses.
Registration Conditions:
- No individual can be registered in more than one constituency or more than once within the same constituency.
Electoral Offices under RPA 1950
- Chief Electoral Officer (CEO):
- CEO is appointed by Election Commission to oversee electoral activities in each state.
- Key Responsibilities: Supervising preparation and revision of electoral rolls, monitoring Model Code of Conduct ensuring compliance with election laws & handling Electronic Voting Machines.
- District Election Officer (DEO):
- Responsible for supervision & coordination of all election activities at district level including preparation & revision of electoral rolls.
- Electoral Registration Officer (ERO):
- ERO is tasked with preparation & revision of electoral roll for a specific constituency.
- Returning Officer (RO):
- Responsible for overseeing conduct of elections in a specific constituency including scrutinizing nomination papers ensuring all necessary documents are in order & announcing results.
Electoral Rolls and Electoral Process
An electoral roll is an official list that includes all individuals eligible to vote in a specific constituency. The election commission supervises the preparation & revision of these rolls ensuring they are updated to reflect accurate voter data.
Common Electoral Roll:
A proposal to implement a common electoral roll for all elections (Lok Sabha, State Legislative Assemblies & local bodies) is being discussed aiming to streamline process & improve efficiency.
Linking Electoral Rolls with Aadhaar:
- The Election Laws (Amendment) Bill, 2021 proposes that voter identity be verified by linking the electoral roll data with Aadhaar numbers.
- Aadhaar linkage would help eliminate duplicate registrations & ensure that voter identities are correctly verified.
Qualifying Dates for Voter Registration:
- Bill establishes four qualifying dates for enrolment in the electoral roll: January 1, April 1, July 1, October 1.
Role of the Judiciary in the Election System
The judiciary plays a limited role in election process under RPA 1950:
- Jurisdiction: Civil courts do not have jurisdiction to question or adjudicate upon eligibility of voters or legality of actions taken by electoral registration officers.
- Election-related offenses: Courts cannot take cognizance of offenses related to preparation or correction of electoral rolls unless complaint is made by Election Commission or Chief Electoral Officer.
- Judicial Oversight: judiciary can intervene in certain matters related to the interpretation of laws but cannot question the legality of actions that fall within the Election Commission’s purview.
Latest Developments in the Representation of the People Act, 1950
Supreme Court Rulings:
- In 2021 Supreme Court of India ruled on issue of electoral roll accuracy mandating Aadhaar linkage and use of other biometric data for voter verification ensuring correct voter identity.
- In 2022 Court addressed issue of disqualification of voters under the Act emphasizing need for transparent procedures for ensuring compliance with disqualification criteria.
Proposed Changes:
- Election Laws (Amendment) Bill 2021 proposes gender-neutral provisions replacing “wife” with “spouse” in the RPA, 1950 & RPA 1951 to ensure that gender equality is maintained in election-related matters.
- The Bill also extends the power of requisitioning premises for election purposes addressing practical concerns around election infrastructure.
UPSC Prelims Practice Questions
Question 1:
Consider the following statements about the Election Commission of India:
- It is a multi-member body consisting of the Chief Election Commissioner and two Election Commissioners.
- It has been provided for under Article 324 of the Indian Constitution.
- Its only function is to conduct elections to the Parliament and State Legislatures.
Which of the statements given above is/are correct?
A. 1 and 2 only
B. 2 and 3 only
C. 1, 2, and 3
D. 1 only
Answer: A
Question 2:
In the context of the Indian electoral system, which of the following statements is/are correct?
1. The representation of Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha is not based on population.
2. The Constitution provides for the reservation of seats for women in the Lok Sabha and State Legislative Assemblies.
Select the correct answer using the code given below:
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: D
Question 3:
With reference to the Constitution of India, consider the following statements:
1. The Election Commission is a three-member body consisting of the Chief Election Commissioner and two Election Commissioners.
2. The Election Commission is responsible for the preparation of electoral rolls.
3. The Election Commission is a statutory body.
Which of the statements given above is/are correct?
A. 1 only
B. 2 and 3 only
C. 1 and 2 only
D. 1, 2, and 3
Answer: C
Question 4:
Which of the following statements regarding the Representation of the People Act, 1950 is/are correct?
1. It deals with the preparation of electoral rolls.
2. It deals with the allocation of seats and delimitation of constituencies.
3. It is mentioned in the Constitution of India.
Select the correct answer using the code below:
A. 1 and 2 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: A
UPSC Mains Practice Questions
1. Critically analyze the Representation of the People Act, 1950 and its role in ensuring the fairness of elections in India. How has the Act contributed to the development of electoral democracy in the country?
2. Discuss the importance of delimitation of constituencies under the Representation of the People Act, 1950 and the Delimitation Commission. How does it help maintain electoral fairness and justice in India?
3. In India, electoral reforms have often been suggested to improve the electoral process and outcomes. In this context, discuss the key provisions of the Representation of the People Act, 1950 that focus on electoral fairness.
4. With reference to the Representation of the People Act, 1950, and the Election Commission of India, discuss how these contribute to free and fair elections. What challenges do they face in the current context?
