Salient Features of the Representation of People Act, 1951

The Representation of People Act, 1951 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.

A. Provisions related to Qualifications of Members of Parliament and State Legislatures

(a) Qualification of M.P. for Rajya Sabha

• A person for being elected as a member of Rajya Sabha from any State or Union Territory should be an elector from any Parliamentary constituency.

(b) Qualification of M.P. for Lok Sabha

• A person for being elected as a member of Lok Sabha from any State or Union Territory should be an elector from any Parliamentary constituency.
  • In the case of a seat reserved for the Scheduled Castes in any State, he should be the member of the Scheduled Castes, whether of that State or of any other State;
  • In the case of a seat reserved for the Scheduled Tribes in any State (other than those in the autonomous districts of Assam), he should be the member of any of the Scheduled Tribes, whether of that State or of any other State (excluding the tribal areas of Assam);

(c) Qualification of MLA for State Assembly

• A person for being elected as a member of State Assembly from any State or Union Territory should be an elector for any Assembly constituency in that State.
• In the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he should be member of any of those castes or of those tribes.

(b) Qualification of MLA for Legislative Council

• A person for being elected as a member of Legislative Council from any State or Union Territory should be an elector from that State. Also, a person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor unless he is ordinarily resident in the State.
  • Provisions related to Disqualifications of Members of Parliament and State legislature

• Disqualification on conviction for certain offences
• Disqualification for dismissal for corruption or disloyalty
• Disqualification for Government contracts, etc.
• Disqualification for office under Government Company

B. Provisions Related to Political Party

(a) Registration with the Election Commission of Associations and Bodies as Political Parties

Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.

(b) Contributions to political parties

• In 2016 Delhi High Court has ruled that for political parties to claim income tax exemption, they should maintain properly audited accounts.
• In 2016, the Foreign Contribution Regulation Act 2010 was amended by which political parties are now cleared to accept funds from foreign sources.
• Union Government Budget 2017-18 has capped cash funding by a single anonymous donor to Rs.2000 and have introduced electoral bonds. Electoral bonds will be instruments to donate money to political parties via formal channels.

(c) Conduct of Elections

• Elections for the LokSabha and every State Legislative Assembly have to take place every five years, unless called earlier. The President can dissolve LokSabha and call a general election before five years is up, if the government can no longer command the confidence of the LokSabha, and if there is no alternative government available to take over.

(d) Scheduling the Elections

• When the five-year limit is up, or the legislature has been dissolved and new elections have been called, the Election Commission puts into effect the machinery for holding an election. The Constitution states that there can be no longer than 6 months between the last session of the dissolved LokSabha and the recalling of the new House, so elections have to be concluded before then.

(e) Campaign

• The campaign is the period when the political parties put forward their candidates and arguments with which they hope to persuade people to vote for their candidates and parties. Candidates are given a week to put forward their nominations. These are scrutinized by the Returning Officers and if not found to be in order can be rejected after a summary hearing.

(f) Election Expenses

• According to section 77 of Representation of People Act 1951 every candidate in an election needs to keep a separate and correct amount of all poll expenditures between the dates on which he was nominated to the date on which results are declared.
• Ceiling on election expenses are fixed by Government of India. Present maximum norms for Lok Sabha Constituencies are:-
  • Rs. 70 lakhs is the ceiling for all states except Arunachal Pradesh, Goa and Sikkim.
  • Rs. 54 lakhs for Arunachal Pradesh, Goa and Sikkim
  • Rs. 70 lakhs for Delhi NCT
  • Rs. 54 lakhs for rest of the Union Territories
• For Assembly constituencies it is:-
  • Rs. 28 lakhs for bigger states and NCT Delhi
  • Rs. 20 lakhs for smaller states and Union Territories.

(g) Polling Days

• Polling is normally held on a number of different days in different constituencies, to enable the security forces and those monitoring the election to keep law and order and ensure that voting during the election is fair.

(h) Ballot Papers, EVMs & Symbols

• Electronic Voting Machines have altered the way elections are held in the country. The EVMs were commissioned in 1989 by Election Commission of India in collaboration with Electronics Corporation of India Limited. The EVMs were first used in 1982 in the by-election to North Paravur Assembly Constituency in Kerala. They are being used in part from 1999 elections and in total since 2004 elections.

(i) Provisions Regarding Disputes in Elections

Disputes relating to elections of the State Legislature and Union Legislature are adjudicated upon exclusively by the High Courts before whom election petitions under Section 80 and 80-A of the Representation of Peoples Act, 1951, are filed.