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People are the supreme power in the democratic country. Accordingly the People of India solemnly resolved that India is a democratic country. As we know that the India is a largest Democracy in the world. The term Democracy mentioned in The Preamble of the constitution of India in the broader sense embracing not only political democracy but also social, economic and inclusive democracy.The Indian constitution provides for the representative parliamentary democracy under which the Executive is responsible for legislature for all its policies and actions.
An Act to provide for the conduct of Elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
The Representation of Peoples Act 1951 is an act enacted by the Indian provincial parliament before first general elections. The People’s Representation act provides for the actual conduct of elections in India. The act also deals with details like qualification and disqualification of members of both houses of Parliament (Loksabha and Rajyasabha) and the state legislatures (State Legislative Assembly and State Legislative Council).
Salient features
- Conducting of elections in the country.
- Administrative machinery for conducting elections.
- Poll. (Fixing time for poll)
- Election offences.
- Election disputes.
- By-elections.
- Registration of Political Parties.
- Elector: It is a person whose name is on the electoral list.
- Voter: who is eligible for voting but may not be on the electoral list.
The Representation of Peoples Act 1951: Section 8 deals with Disqualification of representatives on conviction for certain offences. This section states that:
- A person convicted of an offence punishable under certain acts of Indian Penal Code, Protection of Civil Rights Act 1955, Unlawful Activities (Prevention) Act 1967, Prevention of Corruption Act 1988, Prevention of Terrorism Act 2002 etc. shall be disqualified, where the convicted person is sentenced to — (i) only fine, for a period of six years from the date of such conviction; (ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
- A person convicted for the contravention of—(a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act, 1961.
- A person convicted of any offence and sentenced to imprisonment for not less than two years [other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
- Notwithstanding anything 8[in sub-section (1), sub-section (2) or sub-section (3)] a disqualification under either subsection shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.
Amendments
Even if a person is prohibited from voting due to being in police custody or in jail, as long as his name is entered on the electoral roll he shall not cease to be an elector. This implies that he can file nomination for an election.
The definition of “disqualified” in the Act has been amended. Currently, the definition of disqualified means disqualified for either being chosen as or being a Member of Parliament or a State Legislature. The amendment adds a ground to the definition that the disqualification has to be due to conviction for certain specified offences and can be on no other ground. Conviction for one of these offences would result in the person’s name being removed from the electoral roll and he would cease to be an elector.
On July 10, 2013, The Supreme Court ruled that a person, who is in jail or in police custody, cannot contest elections to legislative bodies. The RPA, 1951 states that any contestant to an election to legislative bodies has to be an “elector”, i.e., his name should be on the electoral roll and he is not subject to any of the disqualifications mentioned in Section 16 of the Representation of People Act, 1950. Among other things, that section disqualifies anyone from being on the electoral roll if he is disqualified from voting under the provisions of any law relating to corrupt practices and other offences in relation to elections. RPA, 1951 talks that anyone in prison or on the lawful custody of the police (other than Preventive Detention) is not entitled to vote.
An Act further to amended the Representation of the People Act, 1951(The Representation of the People (Amendment and Validation) Act, 2013) came in to force on the 10th day of July, 2013. In section 7, in clause (b), after the words "or Legislative Council of a State", the words "under the provisions of this Chapter, and on no other ground" shall be inserted. A person whose name has been entered in the electoral roll shall not cease to be an elector.
The parliament (prevention of disqualification) amendment act, 2013 come into force on the 19th day of February, 2004. It has mentioned about the National Commission for the Scheduled Castes constituted under clause (1) of ARTICLE 338 of the Constitution; the National Commission for the Scheduled Tribes constituted under clause (1) of article 338A of the Constitution.
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The Representation of the People Act, 1950, is an act of the Parliament of India that governs elections to the Lok Sabha, the Rajya Sabha, and the Legislative Assemblies of the states. The Act provides for adult suffrage, one person, one vote, secret ballot, reservation of seats for Scheduled Castes and Scheduled Tribes, reservation of seats for Women, delimitation of constituencies, preparation of electoral rolls, conduct of elections, and penalties for violation of the Act.
Adult suffrage means that all citizens of India who are 18 years of age or older are eligible to vote. There are no restrictions on voting based on caste, religion, sex, or income.
One person, one vote means that each voter has only one vote and that each vote is counted equally.
Secret ballot means that the voter’s identity is kept secret when casting their vote. This ensures that voters are free to vote for the candidate of their choice without fear of reprisal.
Reservation of seats for Scheduled Castes and Scheduled Tribes means that a certain number of seats in the Lok Sabha, the Rajya Sabha, and the Legislative Assemblies of the states are reserved for members of these groups. This is done to ensure that these groups have adequate representation in the legislatures.
Reservation of seats for women means that a certain number of seats in the Lok Sabha, the Rajya Sabha, and the Legislative Assemblies of the states are reserved for women. This is done to ensure that women have adequate representation in the legislatures.
Delimitation of constituencies means that the boundaries of constituencies are redrawn after each census to ensure that each constituency has approximately the same number of voters.
Preparation of electoral rolls means that lists of all the eligible voters in a constituency are prepared. The electoral rolls are prepared by the Election Commission of India.
Conduct of elections means that The Election Commission of India is responsible for conducting elections to the Lok Sabha, the Rajya Sabha, and the Legislative Assemblies of the states.
Penalties for violation of the Act means that the Act provides for penalties for the violation of the Act. These penalties include imprisonment, fines, and disqualification from voting or holding office.
The Representation of the People Act, 1950, is a landmark piece of legislation that has helped to ensure that elections in India are free and fair. The Act has been amended several times since it was first enacted, but its basic principles remain the same. The Act has helped to make India a vibrant democracy where all citizens have a voice in government.
The Representation of the People Act, 1951 is an Act of the Parliament of India enacted to provide for the registration of electors and the preparation of electoral rolls for elections to Parliament and to the legislative assemblies of the states. The Act also contains provisions relating to the conduct of elections, the appointment of election officers, the powers and duties of election officers, the preparation of electoral rolls, the revision of electoral rolls, the issue of photo identity cards to electors, the holding of elections, the counting of votes, the declaration of results, and the disposal of election petitions.
The Act has been amended several times since its enactment. The most recent amendment was the Representation of the People (Amendment) Act, 2019. The Act has been amended to introduce a number of new features, including the introduction of the Electoral Bond Scheme, the increase in the number of seats reserved for women in the Lok Sabha and the Rajya Sabha, and the introduction of the NOTA (None of the Above) option.
Here are some frequently asked questions about the Representation of the People Act, 1951:
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What is the Representation of the People Act, 1951?
The Representation of the People Act, 1951 is an Act of the Parliament of India enacted to provide for the registration of electors and the preparation of electoral rolls for elections to Parliament and to the legislative assemblies of the states. The Act also contains provisions relating to the conduct of elections, the appointment of election officers, the powers and duties of election officers, the preparation of electoral rolls, the revision of electoral rolls, the issue of photo identity cards to electors, the holding of elections, the counting of votes, the declaration of results, and the disposal of election petitions. -
Who is an elector?
An elector is a person who is registered in the electoral roll of a constituency and is entitled to vote in an election. -
What is an electoral roll?
An electoral roll is a list of all the electors in a constituency. -
Who is an election officer?
An election officer is a person who is appointed by the Election Commission of India to conduct an election. -
What are the powers and duties of an election officer?
The powers and duties of an election officer are to ensure that the election is conducted in a free, fair, and impartial manner. -
What is the procedure for the preparation of electoral rolls?
The procedure for the preparation of electoral rolls is as follows:
(a) The Election Commission of India will issue a notification calling upon all eligible persons to apply for registration as electors.
(b) The applications will be received by the electoral registration officers.
(c) The electoral registration officers will scrutinize the applications and prepare a draft electoral roll.
(d) The draft electoral roll will be published and objections will be invited.
(e) The electoral registration officers will consider the objections and prepare a final electoral roll.
- What is the procedure for the revision of electoral rolls?
The procedure for the revision of electoral rolls is as follows:
(a) The Election Commission of India will issue a notification calling upon all eligible persons to apply for inclusion or deletion of their names from the electoral rolls.
(b) The applications will be received by the electoral registration officers.
(c) The electoral registration officers will scrutinize the applications and prepare a draft electoral roll.
(d) The draft electoral roll will be published and objections will be invited.
(e) The electoral registration officers will consider the objections and prepare a final electoral roll.
- What is the procedure for the issue of photo identity cards to electors?
The procedure for the issue of photo identity cards to electors is as follows:
(a) The Election Commission of India will issue a notification calling upon all eligible persons to apply for photo identity cards.
(b) The applications will be received by the electoral registration officers.
(c) The electoral registration officers will scrutinize the applications and issue photo identity cards to the eligible persons.
- What is the procedure for the holding of elections?
The procedure for the holding of elections is as follows:
(a) The Election Commission of India will issue a notification calling upon the candidates to file their nominations.
(b) The nominations will be scrutinized by the returning officers.
(c) The list of contesting candidates will be published.
(d) The election campaign will be held.
(e) The polling will be held.
(f) The votes will be counted.
(g) The results will be declared.
- What is the procedure for the counting of votes?
The procedure for the counting of votes is as follows:
(a) The presiding officer will open the ballot boxes and count the votes.
(b) The votes will be counted in the presence of the
- The Representation of the People Act, 1951 is an act of the Parliament of India enacted to provide for the registration of electors and the preparation of electoral rolls for elections to Parliament and to the legislative assemblies of the states.
- The Act also provides for the conduct of elections to Parliament and to the legislative assemblies of the states.
- The Act was amended several times since its enactment. The most recent amendment was made in 2019.
- The Act is divided into 12 parts and 183 sections.
- The first part of the Act deals with preliminary matters.
- The second part of the Act deals with the registration of electors.
- The third part of the Act deals with the preparation of electoral rolls.
- The fourth part of the Act deals with the conduct of elections.
- The fifth part of the Act deals with the powers and duties of the Election Commission.
- The sixth part of the Act deals with the offences and penalties.
- The seventh part of the Act deals with the appeals and revisions.
- The eighth part of the Act deals with the miscellaneous matters.
- The ninth part of the Act deals with the transitional provisions.
- The tenth part of the Act deals with the Savings.
- The eleventh part of the Act deals with the repeals and amendments.
- The twelfth part of the Act deals with the short title, extent and commencement.
Here are some MCQs on the Representation of the People Act, 1951:
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Which of the following is not a provision of the Representation of the People Act, 1951?
(A) The registration of electors.
(B) The preparation of electoral rolls.
(C) The conduct of elections.
(D) The powers and duties of the Election Commission. -
Which of the following is not an offence under the Representation of the People Act, 1951?
(A) Bribery.
(B) Undue influence.
(C) Personation.
(D) Violation of the model Code Of Conduct. -
Which of the following is not a power of the Election Commission?
(A) To issue directions to the government.
(B) To depute observers.
(C) To order re-poll.
(D) To declare an election void. -
Which of the following is not a ground for appeal under the Representation of the People Act, 1951?
(A) An error in the electoral roll.
(B) An error in the conduct of the election.
(C) An error in the counting of votes.
(D) An error in the declaration of the result. -
Which of the following is not a ground for revision under the Representation of the People Act, 1951?
(A) An error in the electoral roll.
(B) An error in the conduct of the election.
(C) An error in the counting of votes.
(D) An error in the declaration of the result. -
Which of the following is not a transitional provision under the Representation of the People Act, 1951?
(A) The continuation of the existing electoral rolls.
(B) The continuation of the existing election machinery.
(C) The continuation of the existing laws relating to elections.
(D) The continuation of the existing powers and duties of the Election Commission. -
Which of the following is not a saving provision under the Representation of the People Act, 1951?
(A) The saving of any existing law or custom.
(B) The saving of any existing right or privilege.
(C) The saving of any existing contract or agreement.
(D) The saving of any existing liability. -
Which of the following is not a repeal provision under the Representation of the People Act, 1951?
(A) The repeal of the Representation of the People Act, 1935.
(B) The repeal of the Representation of the People Act, 1949.
(C) The repeal of the Representation of the People Act, 1950.
(D) The repeal of the Representation of the People Act, 1951. -
Which of the following is not a commencement provision under the Representation of the People Act, 1951?
(A) The commencement of the Act.
(B) The commencement of the provisions of the Act.
(C) The commencement of the schedules to the Act.
(D) The commencement of the rules made under the Act