The Representation of People Act, 1951 (RPA) is a cornerstone of India's electoral system, playing a pivotal role in shaping the democratic governance of the country. Passed by the Parliament in accordance with Article 327 of the Constitution of India, this legislation regulates the conduct of elections in India. It has been amended multiple times to reflect the changing political and social landscape, and understanding its provisions is essential for aspirants preparing for the UPSC Civil Services Examination, particularly for the Polity and Governance segments.
Background of the Representation of People Act, 1951
The foundation for the Representation of People Act was laid by the Constitution itself. Articles 324 to 329 of Part XV of the Indian Constitution outline the framework for the electoral process in India, empowering the Parliament to legislate on matters related to elections to both the Parliament and the State Legislatures. The first iteration of the RPA was passed in 1950, primarily focusing on the allocation of seats in the Lok Sabha and State Legislative Assemblies through direct elections, voters' qualifications, and the delimitation of constituencies.
The Representation of People Act, 1951 followed soon after, adding critical provisions for the conduct of elections, addressing issues like corruption, electoral disputes, and disqualification of candidates. Over time, this Act has been amended to address evolving electoral challenges.
Salient Features of the Representation of People Act, 1951
Eligibility to Contest Elections
- A qualified voter is eligible to contest elections for the Lok Sabha and Rajya Sabha. For reserved seats for Scheduled Castes (SC) and Scheduled Tribes (ST), only candidates from these communities are eligible to stand for elections.
Disqualification of Candidates
- The Act specifies that a person convicted of certain offences, such as promoting enmity between different groups, influencing elections illegally, bribery, rape, or spreading religious disharmony, is disqualified from contesting elections for six years after their release from jail.
- The Act also disqualifies individuals involved in terrorism, corruption, or grave crimes against women, among other offences.
- Failure to declare assets and liabilities within 90 days of taking the oath can also lead to disqualification.
Registration and Regulation of Political Parties
- All political parties are required to register with the Election Commission of India (ECI). Any changes in the party’s name or address must be notified to the Commission.
- Political parties can accept donations from Indian individuals and companies but cannot accept funds from government-owned entities or foreign sources. Donations exceeding ₹20,000 must be reported to the Election Commission.
- A political party can be recognized as a National Party if it secures a minimum of 6% of valid votes in assembly elections across four or more states or wins at least 2% of seats in the Lok Sabha from at least three states. Similarly, a State Party status is granted if a party secures at least 6% of votes in state assembly elections or wins 3% of total seats.
Security Deposits
- Candidates are required to deposit ₹25,000 as security for the Lok Sabha elections and ₹12,500 for other elections. For candidates from SC/ST communities, this deposit amount is halved.
Key Amendments to the Representation of People Act
The Representation of People Act has undergone several amendments to address emerging electoral issues. Some of the most significant amendments include:
Representation of the People (Amendment) Act, 1966
- This amendment abolished election tribunals, and electoral disputes are now handled by the High Courts of respective states. However, disputes related to the Presidential and Vice-Presidential elections are heard directly by the Supreme Court of India.
Representation of the People (Amendment) Act, 1988
- Provisions were introduced to allow for the adjournment or countermanding of elections in case of booth capturing. The amendment also marked the beginning of the use of Electronic Voting Machines (EVMs) in Indian elections.
Representation of the People (Amendment) Act, 2002
- This amendment was significant as it inserted Section 33A, which gave citizens the Right to Information about candidates. Contesting candidates are required to disclose any prior convictions or pending criminal cases at the time of filing nominations. Additionally, candidates must declare their assets and liabilities.
Representation of the People (Amendment) Bill, 2010
- This amendment granted voting rights to Non-Resident Indians (NRIs). However, NRIs must be physically present in their constituencies during polling, as they do not have the option to vote in absentia.
Representation of the People (Amendment and Validation) Bill, 2013
- This amendment allowed a person in jail or police custody to file a nomination for an election, as long as their name is listed on the electoral roll, even though they may not be entitled to vote. This was introduced after the Supreme Court had ruled that individuals in custody are not eligible to vote and thus cannot contest elections.
Representation of the People (Amendment) Bill, 2017
- The amendment allowed for proxy voting for NRIs and included provisions to make certain clauses in the RPA gender-neutral.
Offences Related to Elections Under the RPA, 1951
The Representation of People Act, 1951 defines several offences related to electoral conduct, including:
- Promoting hatred and enmity between different classes of citizens on grounds of religion, race, caste, community, or language.
- Booth capturing or tampering with ballot papers and EVMs.
- Bribing voters or using undue influence to secure votes.
- Selling or distributing liquor within 48 hours before the end of polling.
- Announcing public meetings or causing disturbances within 48 hours of voting.
- Breach of official duty by election officers.
Impact on Electoral Integrity and Governance
The Representation of People Act, 1951 is crucial for ensuring the integrity and transparency of elections in India. Its provisions for disqualification, dispute resolution, regulation of political parties, and election offences have been instrumental in maintaining a fair electoral process. However, continuous reforms are essential to address emerging challenges like the influence of money and muscle power in elections, ensuring more robust voter protection, and expanding voting rights for NRIs and marginalized communities.
For UPSC aspirants, understanding the nuances of this Act and its amendments is critical for answering questions on governance, electoral reforms, and the functioning of democracy in India.
Conclusion
The Representation of People Act, 1951 stands as a vital piece of legislation that has evolved to address the complexities of India’s electoral system. As India continues to grow as the world’s largest democracy, this Act plays a fundamental role in ensuring that elections are conducted fairly, transparently, and inclusively, providing a robust framework for governance in the country. For civil services aspirants, a thorough understanding of this Act is not only essential for cracking the UPSC exam but also for comprehending the broader political and democratic processes in India.
