Election Laws

Representation of the People Act, 1950

• Articles 81 and 170 of the Constitution lay down the maximum number of seats in Parliament and State Legislative Assemblies.
• Article 171 specifies the methods for filling seats in the Legislative Council of a State.
• The Act of 1950 provides for the allocation of seats in the House of the People and State Legislatures.
• It confers on the President the power to delimit constituencies after consulting the Election Commission.
• It provides for the registration of electors for Parliamentary and Assembly constituencies.
• It defines the qualifications and disqualifications for registration.
• The Act includes provisions relating to:
  • Election officers (chief electoral officers, district election officers, etc.).
  • Filling seats in the Council of States by representatives of union territories.
  • Local authorities for elections to State Legislative Councils.
  • Barring the jurisdiction of civil courts.

Representation of the People Act, 1951

• The 1950 Act didn't contain all provisions related to elections.
• The 1951 Act provides for:
  • Conduct of elections to Parliament and State Legislatures.
  • Qualifications and disqualifications for membership.
  • Corrupt practices and election offences.
  • Decision of election disputes.
• Broadly, the Act contains provisions relating to:
  1. Qualifications and disqualifications for membership of Parliament and State Legislatures.
  2. Notification of general elections.
  3. Administrative machinery for the conduct of elections.
  4. Registration of political parties.
  5. Conduct of elections:
     • Nomination of candidates
     • Candidates and their agents
     • General procedure at elections
     • The poll
     • Counting of votes
     • Multiple elections
     • Publication of election results and nominations
     • Declaration of assets and liabilities
     • Election expenses
  6. Free supply of certain material to candidates of recognised political parties.
  7. Disputes regarding elections:
     • Presentation of election petitions to High Court
     • Trial of election petitions
     • Withdrawal and abatement of election petitions
     • Appeals to Supreme Court
     • Costs and security for costs
  8. Corrupt practices and electoral offences.
  9. Powers of Election Commission in connection with inquiries as to disqualifications of members.
  10. Bye-elections and time limit for filling vacancies.
  11. Miscellaneous provisions relating to elections.
  12. Barring the jurisdiction of civil courts.

Delimitation Act, 2002

• Articles 82 and 170 of the Constitution provide for readjustment and division of each State into territorial constituencies based on the 2001 census.
• Articles 330 and 332 provide for re-fixing the number of seats reserved for SCs and STs based on the 2001 census.
• The previous delimitation was based on the 1971 census.
• The Act was enacted to set up a Delimitation Commission to correct distortions in the sizes of electoral constituencies based on the 2001 census.

Other Acts Relating to Elections

• Parliament (Prevention of Disqualification) Act, 1959: Declares that certain offices of profit under the Government shall not disqualify the holders thereof for being chosen as (or for being) members of Parliament.
• Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976: Provides for the inclusion in, and the exclusion from, the lists of Scheduled Castes and Scheduled Tribes, of certain castes and tribes, for the readjustment of representation of parliamentary and assembly constituencies.
• Government of Union Territories Act, 1963.
• Government of National Capital Territory of Delhi Act, 1991.
• Presidential and Vice-Presidential Elections Act, 1952: Regulates certain matters relating to or connected with elections to the offices of the President and Vice-President of India.

Rules Relating to Elections

• Registration of Electors Rules, 1960: Preparation and publication of electoral rolls.
• Conduct of Elections Rules, 1961: Conduct of fair and free elections to Parliament and State Legislatures.
• Prohibition of Simultaneous Membership Rules, 1950.
• Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985.
• Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985.
• Presidential and Vice-Presidential Elections Rules, 1974.
• Members of Lok Sabha (Declaration of Assets and Liabilities) Rules, 2004.
• Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004.

Orders Relating to Elections

• Election Symbols (Reservation and Allotment) Order, 1968: Specification, reservation, choice, and allotment of symbols at elections. Recognition of political parties.
• Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992: Furnishing additional particulars by associations seeking registration as a political party.