Representation of the People Act 1951

Polity & Governance glossary

Also called: RPA 1951 · Topic: Elections and the Electoral System · NCERT: Class 9, Ch 6 "Democracy"; Class 9, Ch 7 "Elections"; Class 11, Ch 3 "Election and Representation"

Meaning

The Representation of the People Act 1951 (Act No. 43 of 1951) is the law Parliament made to run elections to Parliament and the state legislatures. It covers who can stand, who is barred, how polls are held and how results can be challenged [2]. In detail, it sets out:

  • qualifications and disqualifications of members;
  • notification of elections;
  • the officials who run polls;
  • conduct of elections;
  • corrupt practices and electoral offences;
  • election disputes;
  • registration of political parties.

It is the main rulebook for every Lok Sabha and Assembly election. Most exam questions on disqualification, the two-seat rule, by-elections and election petitions are about its sections.

Explanation

What the Act covers and where it fits

  • The power to make it: Art. 327 lets Parliament make laws on every part of elections to Parliament and to state legislatures.
  • States fill gaps only: under Art. 328, a state legislature can make election laws for its own House, but only where Parliament has not made a law on that matter.
  • Two Acts with different jobs:
  • RPA 1950 deals with electoral rolls (voter lists) and the number of seats.

  • RPA 1951 deals with how elections are actually run [2].

  • Main parts of the RPA 1951:

  • qualifications and disqualifications;
  • notification of elections;
  • administrative machinery, such as returning officers (who run the poll in a constituency) and presiding officers (who run a polling booth);
  • conduct of elections;
  • corrupt practices and electoral offences;
  • election disputes;

  • registration of political parties (s.29A).

  • Conduct of Election Rules 1961: rules made under this Act that set out the practical steps:

  • nomination forms, ballot papers and EVMs (electronic voting machines);
  • postal ballots;
  • tendered votes (a paper vote given to a real voter who finds someone has already voted in their name);
  • VVPAT (a paper slip that lets the voter check whom the EVM recorded the vote for);
  • NOTA ("None of the Above");
  • counting and election expense accounts.

Right to contest: qualifications

  • The right to contest is a statutory right. It comes from a law made by Parliament. It is not a fundamental right.
  • So Parliament can add conditions to it.

  • Javed v. State of Haryana (2003) upheld a two-child norm for panchayat elections. Under this rule, a person with more than two children cannot contest.

  • Who can contest:

  • Citizenship: the candidate must be a citizen of India (Arts. 84, 173).
  • Oath: the candidate takes an oath, in the form given in the Third Schedule, before a person the ECI (Election Commission of India) has authorised. In it, they promise to bear true faith and allegiance to the Constitution and to uphold India's sovereignty and integrity.
  • Age: at least 25 years for the Lok Sabha or a State Assembly, and 30 years for the Rajya Sabha or a Legislative Council.
  • Registered voter:
    • Lok Sabha: a voter in any parliamentary constituency (s.4).
    • State Assembly: a voter in a constituency of that state (s.5).
    • Rajya Sabha: a voter in any parliamentary constituency (s.3).

  • Reserved seat: the candidate must be from a Scheduled Caste or Scheduled Tribe. For an Assembly seat, the community must be on that state's list (s.5).

  • There is no bar of income, education or gender on who can contest.

Disqualifications under the Act

Section Ground How long Who decides
s.8(1) Conviction for listed serious offences (for example, promoting enmity between groups, bribery at elections or offences under anti-terror laws), even if the only punishment is a fine From conviction, plus 6 years after release from jail Applies by law
s.8(3) Conviction for any other offence with a jail sentence of 2 years or more [2] From conviction, plus 6 years after release from jail Applies by law
s.8A Guilty of a corrupt practice (a wrong act listed in s.123, such as bribing voters, threatening voters or asking for votes on grounds of religion or caste) Up to 6 years President, on the ECI's opinion
s.9 Government servant dismissed for corruption or disloyalty to the State 5 years from dismissal Applies by law
s.9A Holds a subsisting (still running) government contract to supply goods or carry out works Until the contract ends Applies by law
s.10 Managing agent, manager or secretary of a company in which the government holds at least 25% of the shares While the person holds that office Applies by law
s.10A Fails to file the election expense account on time and in the required form, with no good reason 3 years ECI
  • s.11: the ECI may remove a disqualification under Chapter III or shorten it. It must record its reasons in writing.
  • NCERT simplifies s.8 as "imprisonment for two years".

Two seats, by-elections and election petitions

  • Two seats, s.33(7) (added in 1996): a candidate can contest at most two constituencies in one general election or by-election to the same House [3]. Before 1996, there was no limit.
  • Winning both seats, s.70:
  • the candidate must give up one seat within 14 days of the result;

  • this forces a by-election in the seat given up.

  • By-election, s.151A (added in 1996): a by-election is a poll to fill one seat that falls vacant in the middle of a term.

  • The ECI must hold it within six months of the vacancy.
  • Exception 1: less than one year of the member's term is left.

  • Exception 2: the ECI, after consulting the Central Government, certifies that holding the poll in that period is difficult.

  • Election petition, step by step. An election petition is a court case that questions an election result. Under Art. 329(b), it is the only way to challenge a result. 1. Filing: any candidate or elector (voter) of that election can file it.

    • It goes to the High Court (s.80A).
    • It must be filed within 45 days of the date the winner was declared, and not before (s.81) [2]. 2. Grounds (s.100): the High Court can declare the election void if:
    • the winner was not qualified, or was disqualified, on the date of election;
    • the winner or their agent committed a corrupt practice;
    • a nomination was wrongly rejected;
    • the result was materially affected (the outcome itself was changed) by:
    • a nomination that was wrongly accepted;
    • votes wrongly counted or wrongly rejected;
    • a breach of the Constitution, the Act or the rules. 3. Checking the petition: the High Court must dismiss a petition that does not follow ss.81, 82 or 117 [2].
    • s.82 says who must be named as parties to the case.
    • s.117 requires a security deposit to cover costs. 4. Appeal: either side can appeal to the Supreme Court (s.116A).

In the Constitution and practice

  • Constitutional base:
  • Art. 327 lets Parliament make election law, and Art. 328 lets a state fill gaps.
  • Art. 102 / 191 list the grounds that disqualify a member:
    • holding an office of profit (a paid post under the Central or a state government), unless a law says that post does not count;
    • being of unsound mind, as declared by a court;
    • being an undischarged insolvent (declared bankrupt by a court and not yet freed from that status);
    • not being a citizen, or being loyal to a foreign state;
    • being disqualified by any law of Parliament (this is how the RPA grounds apply);
    • defection under the Tenth Schedule (the anti-defection law).

  • Who decides (Arts. 103 / 192): the President (for MPs) or the Governor (for state legislators) decides on the first five grounds.

    • They must first get the ECI's opinion.
    • They must act according to that opinion.

  • N.P. Ponnuswami v. Returning Officer, Namakkal (1952):

  • Ponnuswami's nomination was rejected, and he went to court before the poll.
  • The Supreme Court held that "election" means the whole process, from notification to declaration of result.
  • So courts cannot step in while an election is going on. Even a wrongly rejected nomination can be challenged only by an election petition after the result.

  • Art. 329(a) adds that courts cannot question laws on delimitation (drawing constituency boundaries) or the allotment of seats.

  • Raj Narain and the 1975 crisis:

  • Raj Narain lost to Indira Gandhi in Rae Bareli in 1971 and filed an election petition.
  • On 12 June 1975, the Allahabad High Court (Justice J.M.L. Sinha) declared her election void for corrupt practices, including using government officials for her campaign.
  • The 39th Amendment (1975) added Art. 329A. It put disputes over the elections of the Prime Minister and the Speaker outside the courts.
  • In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down clause (4) of Art. 329A. It held that free and fair elections are part of the basic structure (core features that even a constitutional amendment cannot destroy).

  • The 44th Amendment (1978) removed Art. 329A.

  • Lily Thomas v. Union of India (July 2013):

  • s.8(4) used to give a convicted sitting MP or MLA three months to appeal. During that time, the member kept the seat.
  • The Supreme Court struck s.8(4) down [4].
    • Under Art. 102(1)(e), Parliament cannot make different disqualification rules for sitting members and for candidates [4].
    • Under Art. 101(3)(a), a seat falls vacant the moment the member is disqualified. So a convicted member loses the seat at once [4].

  • The government then brought the RP (Second Amendment and Validation) Bill, 2013 [4].

  • P.S. Golay (Prem Singh Tamang), Sikkim, 2019:

  • He had been convicted in a corruption case.
  • Using s.11, the ECI shortened his disqualification.

  • This let him contest a by-election and remain Chief Minister.

  • The two-seat rule:

  • On 5 July 2004, the Chief Election Commissioner wrote to the Prime Minister. He asked for s.33(7) to be changed to one seat per candidate [3].
  • The ECI's other option: a candidate who wins two seats and gives one up should pay for the by-election.
  • On 2 February 2023 (W.P.(C) 967/2017), the Supreme Court refused to strike down s.33(7). It called the rule a matter of legislative policy that only Parliament can change [3].

Don't confuse with

  • RPA 1950: it deals with electoral rolls and the number of seats. The RPA 1951 deals with how elections are run: qualifications, disqualifications, corrupt practices, disputes and party registration [2].
  • Presidential and Vice-Presidential Elections Act 1952: disputes over these two elections go directly to the Supreme Court (Art. 71). RPA disputes go first to the High Court.
  • Disqualification for defection (Tenth Schedule): the Speaker or Chairman decides it (para 6). Under Arts. 103/192, the President or Governor decides the other grounds and is bound by the ECI's opinion.
  • Conduct of Election Rules 1961: these are rules made under the RPA. They cover practical details such as EVMs, VVPAT, NOTA, postal ballots and tendered votes. They are not the Act itself.

Prelims Hooks

  • Art. 329(b) and N.P. Ponnuswami (1952): an election can be challenged only by an election petition, and only after the result.
  • Election petition: it goes to the High Court (s.80A) within 45 days of the result (s.81) [2]. An appeal goes to the Supreme Court (s.116A).
  • Length of bars and who imposes them:
  • s.10A (expense account not filed): 3 years, imposed by the ECI;
  • s.9 (dismissal for corruption or disloyalty): 5 years;
  • s.8A (corrupt practice): up to 6 years, decided by the President;

  • s.11: the ECI can remove or shorten a disqualification (P.S. Golay, 2019).

  • Lily Thomas (2013): struck down s.8(4). A sitting MP or MLA is disqualified on conviction, with no three-month grace period [4].

  • s.33(7) (added in 1996): a candidate can contest at most two seats. In 2023, the Supreme Court left the rule to Parliament [3]. s.151A: a by-election must be held within 6 months, except in the two cases above.
  • Trap: the right to contest is a statutory right, not a fundamental right (Javed v. State of Haryana, 2003).

Mains Points

  • One candidate, one seat:
  • Problem: under s.33(7), a candidate who wins two seats gives one up. This forces a costly by-election and makes voters go to the polls again.
  • Reform: the ECI (2004) proposed one seat per candidate, or making the winner pay for the by-election [3].

  • Other side: leaders want a safe second seat, and the Supreme Court (2023) called it Parliament's choice [3].

  • Criminals in politics:

  • Gain: Lily Thomas (2013) ended the protection s.8(4) gave to convicted sitting members [4].
  • Gap: s.8 acts only after conviction, and trials take years. So people facing serious charges still contest.

  • Debate: whether to disqualify people once a court has framed charges against them.

  • Slow justice and who decides:

  • Delay: election petitions are often decided only near the end of the term. Possible fixes are special election benches in High Courts and strict time limits.
  • Ponnuswami's logic: courts do not stop elections midway. This protects the election timetable, but it pushes every remedy to after the result.
  • Who decides disqualification: for most grounds, the President or Governor is bound by the ECI's view, which keeps the decision neutral. Defection cases rest with the Speaker, a party member. This raises fears of bias and delay, and is a reason to suggest a neutral body such as the ECI.

Related concepts

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Sources

  1. 1Class 9, Ch 6 "Democracy"; Class 9, Ch 7 "Elections"; Class 11, Ch 3 "Election and Representation" (primary)
  2. 2The Representation of the People Act, 1951 [Act No. 43 of 1951]indiacode.nic.in · tier 1
  3. 3Supreme Court of India, W.P.(C) 967/2017, Order dated 02-Feb-2023 (challenge to s.33(7) RPA 1951)api.sci.gov.in · tier 1
  4. 4PRS Legislative Research, The Representation of the People (Second Amendment and Validation) Bill, 2013prsindia.org · tier 1