Representation of the People Act, 1951

Overview of Representation of the People Act, 1951

Representation of the People Act, 1951 is fundamental law that governs conduct of elections in India. It complements provisions of the Constitution especially Articles 324 to 329 which lay down framework for free & fair elections.

Objectives:

• To provide legal framework for conducting elections to Parliament & State Legislatures.
• To set qualifications & disqualifications for candidates.
• To regulate political parties, their registration & conduct.
• To ensure transparency, fairness & integrity in electoral process.

Act has been amended several times to adapt to changing political & social landscapes including incorporation of measures to curb electoral malpractices & improve democratic process.

Key Provisions of RPA, 1951

A. Conduct of Elections (Part V: Sections 30–58)

• Election Commission’s Role (Article 324 & Section 29A):
  Election Commission of India holds authority to supervise, direct & control elections including:
  • Delimitation of constituencies
  • Preparation of electoral rolls
  • Scheduling of elections
• Nomination Process:
  • Candidates must submit nomination papers within prescribed timelines.
  • Returning Officers scrutinize applications for eligibility.
• Election Process:
  • Includes polling, counting of votes & declaration of results.
  • Use of Electronic Voting Machines & Voter Verifiable Paper Audit Trail has been integrated to ensure transparency.

B. Qualifications for Membership (Sections 3–6)

• Lok Sabha (House of the People):
  • Must be an Indian citizen.
  • Minimum age: 25 years.
  • Must be a registered voter in any parliamentary constituency.
• Rajya Sabha (Council of States):
  • Minimum age: 30 years.
  • Must be an elector in a parliamentary constituency (doesn’t require residency in state from which contesting after 2003 amendment).
• State Legislatures:
  • Similar qualifications apply with appropriate age requirements for Legislative Assemblies & Councils.

C. Disqualifications for Membership (Sections 8–10A)

1. Disqualification on Conviction (Section 8):
   • Section 8(1): Conviction for serious offenses like terrorism, rape, corruption, dowry-related crimes, human trafficking, etc. leads to immediate disqualification.
   • Section 8(2): Conviction for offenses under laws like Prevention of Corruption Act, Narcotic Drugs Act.
   • Section 8(3): Disqualification if sentenced to imprisonment for two years or more.
   • Key Point: Lily Thomas v. Union of India (2013) judgment invalidated Section 8(4) ensuring immediate disqualification without waiting for appeal outcomes.
2. Disqualification for Corrupt Practices (Section 9):
   • Involvement in bribery, undue influence, booth capturing or manipulation of voters.
3. Disqualification for Office of Profit (Section 10):
   • Holding an office that offers monetary benefits under government authority (exceptions apply to certain designated offices).
4. Disqualification for Election Expenditure Violations (Section 10A):
   • Failure to submit accurate election expense reports within prescribed timelines.

D. Corrupt Practices & Electoral Offenses (Sections 123, 125–136)

• Corrupt Practices (Section 123):
  • Bribery: Offering money, gifts or favors to influence voters.
  • Undue Influence: Coercing or intimidating voters.
  • Appeals on Religious/Caste Grounds: Banned to ensure secular electoral practices.
  • Booth Capturing: Seizing polling stations by force or intimidation.
• Electoral Offenses (Sections 125–136):
  • Promoting Enmity (Section 125): Based on religion, caste, language etc.
  • False Statements (Section 125A): Misleading declarations regarding candidate’s background.
  • Illegal Hiring of Vehicles (Section 133): For transporting voters without proper declaration.

E. Election Expenses (Sections 77–78)

• Mandatory Accounting:
  Candidates must maintain detailed records of all expenses incurred during the campaign.
• Spending Limits:
  ECI prescribes expenditure limits, varying by state & constituency size (recent limits for Lok Sabha: ₹70–95 lakh; for Assembly: ₹28–40 lakh).
• Non-Compliance:
  Failure to submit or misreporting expenses can lead to disqualification under Section 10A.

F. Election Petitions (Sections 80–86)

• Filing of Petitions:
  • Filed in High Courts within 45 days of election result declaration.
  • Grounds include corrupt practices, improper acceptance/rejection of nominations & booth capturing.

• Appeals:
  • Decisions can be appealed to the Supreme Court.

G. Regulation of Political Parties (Part IVA, Section 29A)

• Registration with ECI:
  Political parties must register with ECI under Section 29A.
• Conditions for Recognition:
  Based on vote share, number of seats won etc.
• Financial Transparency:
  Parties must submit annual financial reports detailing donations & expenditure.

Landmark Supreme Court and High Court Judgments

1.Lily Thomas v. Union of India (2013)

Verdict: SC held that any MP, MLA or MLC convicted of an offense & sentenced to 2 years or more shall be disqualified immediately without benefit of appeal.

Impact: Overturned Section 8(4) which previously allowed convicted lawmakers to continue in office while appealing.

2.Union of India v. Association for Democratic Reforms (2002)

Verdict: SC mandated that candidates must disclose their criminal records, assets, liabilities & educational qualifications when filing nominations.

Impact: Enhanced transparency & voter awareness laying groundwork for voter’s right to know as a fundamental right under Article 19(1)(a).

3.Public Interest Foundation v. Union of India (2018)

Verdict: SC declined to bar individuals with criminal charges from contesting elections but directed political parties to publicize criminal background of candidates.

Impact: Led to ECI guidelines requiring candidates & parties to publish details of criminal cases in newspapers & on social media.

4.Krishna Kumar Singh v. State of Bihar (2017)

Verdict: SC ruled on the limitations of ordinances issued without legislative approval impacting election-related ordinances issued by states.

Impact: Strengthened principle that electoral laws must undergo proper legislative scrutiny.

5.Kuldip Nayar v. Union of India (2006)

Verdict: Upheld constitutional validity of open ballot voting in Rajya Sabha elections aimed at reducing cross-voting & corruption.

6.Rajbala v. State of Haryana (2015)

Verdict: SC upheld Haryana’s law imposing educational qualifications as a criterion to contest panchayat elections.

Impact: Raised debates on whether educational qualifications should be mandatory for electoral candidates at all levels.

7.Navjot Singh Sidhu v. State of Punjab (2007)

Verdict: Addressed disqualification under Section 8 following criminal conviction clarifying that such disqualification applies immediately upon conviction.

8.Anugrah Narayan Singh v. Harsh Vardhan Bajpayee

• Background of the Case:
  • Challenge against 2017 Allahabad HC ruling.
  • Allegation of corrupt practices under Section 123(2) (undue influence) & Section 123(4) (false statements).
• Accused MLA’s Alleged Offenses:
  • Non-disclosure of liabilities & false information about educational qualifications.
• Allahabad HC Decision:
  • Dismissed the petition stating that inaccuracies in affidavit were not substantial enough to influence election result or voters’ decisions.
  • Defects were not deemed to be of significant character to be classified as corrupt practices.

Corrupt Practices under RPA, 1951

• According to Section 123 of the RPA, 1951 corrupt practices refer to certain unethical practices that a candidate may indulge in to further their election prospects.

Key Corrupt Practices Defined in Section 123

• Bribery: Offering money or gifts to influence voters.
• Undue Influence:
  • Interfering directly or indirectly with free exercise of electoral rights.
  • Can include threats, social ostracism or religious/spiritual manipulation.
• False Information: Providing misleading or false information about a candidate or their opponent.
• Promotion of Hatred:
  • Creating enmity between different classes of citizens on the basis of religion, race, caste, community or language.
  • This can be used to divide communities for electoral gains.

Undue Influence (Section 123(2))

• Interference with Electoral Rights:
  • Any attempt to influence the elector’s free will through threats or manipulation whether directly or through agents.
  • Includes coercion regarding caste, community or religious identity.
• Divine Influence:
  • Convincing voters they will face divine or spiritual consequences for voting a certain way.

False Statements & Corrupt Practices (Section 123(4))

• Publication of False Statements:
  • Any intentional dissemination of false information regarding candidate character or qualifications to influence voters.
  • This extends scope of corrupt practices beyond just monetary or physical influence.

Provision of Disqualification

• Grounds for Disqualification:
  • Conviction for certain offenses.
  • Involvement in corrupt practices.
  • Failure to declare election expenses.
  • Interests in government contracts or works.

Legal Precedents on Corrupt Practices

• 2017 Supreme Court Ruling:
  • Election annulled if votes are sought on basis of religion, race, caste, community or language aligning with Section 123(3).
• 2022 Reconsideration of 2013 Judgment:
  • The apex court revisited its 2013 ruling in case of S. Subramaniam Balaji vs. State of Tamil Nadu where it had previously held that promises of freebies do not constitute corrupt practices.
  • The matter is still under reconsideration by a three-judge bench.

Recent Developments and Amendments

1.Electoral Bonds Scheme (Challenged in SC, 2024):

Controversy: Allegations of opacity in political funding via anonymous donors.

Status: matter is sub judice before the Supreme Court with significant implications for transparency in campaign financing.

2.Election Laws (Amendment) Act, 2021:

Key Change: Allows linking of voter ID with Aadhaar to prevent duplicate voter entries.

Concerns: Raises issues around privacy & potential for voter disenfranchisement.

3.Criminalization of Politics (Ongoing Issue):

Despite SC directives significant percentage of MPs & MLAs have pending criminal cases.

2020 ECI Guidelines: Mandate political parties to explain why candidates with criminal backgrounds were chosen over clean candidates.

4.SC Ruling (2023)

Context: SC directed political parties to publicly disclose criminal antecedents of candidates within 48 hours of selection.

Impact: Aimed to curb increasing trend of criminalization in politics.

5.One Nation, One Election Proposal

Debate: Proposal to synchronize Lok Sabha & state assembly elections to reduce costs & election fatigue.

Legal Challenges: Requires amendments to the RPA, 1951 & possibly Constitution.

6.Decriminalization of Defamation (2023 Petitions Pending):

Cases challenging the criminal defamation laws which have implications for candidates disqualified under Section 8 for defamation-related convictions.

High Court Judgments:

1.Kerala HC (2022): Disqualified an MLA for paid news violations citing it as a corrupt practice under Section 123(4).

2.Madras HC (2023): Struck down provisions of a state law that conflicted with the RPA on local body elections reinforcing the supremacy of RPA.

Key Challenges in Implementation

• Criminalization of Politics: Despite judicial interventions over 43% of MPs (as of 2019) have pending criminal cases.
• Electoral Reforms Needed: Issues like inner-party democracy, state funding of elections & regulation of digital campaigning are not fully addressed.
• Misuse of Disqualification Powers: Allegations that disqualification provisions are sometimes used to settle political scores.
• Lack of Uniformity in High Court Rulings: Different interpretations in election petition cases create inconsistencies.

UPSC Prelims Practice Questions

Question 1:

Which of the following provisions is/are covered under the Representation of the People Act, 1951?

1. Allocation of seats in the Lok Sabha

2. Disqualifications for membership of the Lok Sabha

3.  Delimitation of constituencies

4. Oath of members of the Parliament

Select the correct answer using the code given below.

(A) 1 and 2 only

(B) 2 only

(C) 1, 2 and 3

(D) 1, 2, 3 and 4

Answer: B

Question 2:

Under which of the following circumstances can the Election Commission of India disqualify a sitting Member of Parliament or a State Legislative Assembly?

1. If the person is convicted of a criminal offense

2. If the person is convicted of a corrupt practice under the Representation of the People Act, 1951

3. If the person fails to file an election expense statement

4. If the person is not an Indian citizen

Select the correct answer using the code below.

(A) 1, 2 and 3 only

(B) 2, 3 and 4 only

(C) 1 and 4 only

(D) 1, 2, 3 and 4

Answer: A

Question 3:

The provisions of the Representation of the People Act, 1951, empower the Election Commission of India to:

1. Supervise the preparation of electoral rolls

2. Delimit constituencies

3. Decide on disputes arising out of elections to the office of the President

4. De-recognize political parties

Select the correct answer using the code below.

(A) 1 and 2 only

(B) 1, 2 and 3

(C) 1, 2 and 4

(D) 1 and 4 only

Answer: A

Question 4:

Which of the following is/are correctly matched?

1. Section 8 of the Representation of the People Act, 1951 – Disqualification for conviction for certain offenses
   1. Section 10A of the Representation of the People Act, 1951 – Power of Election Commission to settle disputes relating to elections

Select the correct answer using the code below.

(A) 1 only

(B) 2 only

(C) Both 1 and 2

(D) Neither 1 nor 2

Answer: A

UPSC Mains Practice Questions

1. Examine the provisions of the Representation of the People Act, 1951 in relation to the disqualification of members of the legislature.
2. What is the significance of the Representation of the People Act, 1951 in the context of free and fair elections? Discuss the key provisions that ensure transparency in elections.
3. Discuss the role of the Election Commission of India in ensuring the integrity of elections under the Representation of the People Act, 1951.
4. Critically analyze the legal framework provided by the Representation of the People Act, 1951, in ensuring the conduct of free and fair elections in India.