Purpose & Scope
- Deals with allocation of seats, delimitation of constituencies, electoral rolls, and qualification of voters.
- Lays administrative groundwork for conducting elections.
Key Provisions
- Delimitation of constituencies by Presidential orders in consultation with ECI.
- Reservation of seats for SC/ST in Lok Sabha and State Assemblies.
- Allocation of seats to states based on population.
Electoral Rolls
- Only citizens ordinarily residing in a constituency are eligible.
- Includes people with “service qualification” (armed forces, central govt. outside India).
- Provision for gender-neutral recognition of spouses in service-related entries.
Electoral Machinery
- Chief Electoral Officer (CEO): Appointed in consultation with state government.
- District Election Officer (DEO): Supervised by CEO.
- Electoral Registration Officer (ERO): Manages preparation of electoral rolls.
- Returning Officer (RO): Conducts elections and declares results.
Rule-Making Powers
- Vested in the Central Government (in consultation with ECI).
- Civil courts barred from interfering in electoral roll revisions.
Reforms
- Voting rights extended to NRIs in 2010.
Representation of the People Act, 1951
Purpose & Scope
- Covers conduct of elections to Parliament and State Legislatures.
- Defines qualifications/disqualifications, corrupt practices, and offences.
Qualifications for Membership
- Lok Sabha: Must be an elector; special criteria for SC/ST seats.
- Rajya Sabha: Must be an elector for a Parliamentary constituency.
Disqualifications
- Convicted for:
- Election offences or corrupt practices.
- Offences with ≥ 2 years’ imprisonment.
- Promoting enmity on grounds of religion, caste, etc.
- Misuse of government contracts or dismissed from govt. service.
- Practising social evils (e.g., sati).
- Failing to report election expenses.
Election Offences & Corrupt Practices
- Bribery, booth capturing, vote-buying.
- Appeals based on religion/caste.
- False character assassination.
- Misuse of govt. machinery.
Election Expenditure
- Section 77: Mandatory to maintain a record of all expenses.
- Limit imposed on expenses; overshooting can lead to disqualification.
Provisions Related to Political Parties
- Registration with ECI is mandatory.
- Recognition as National/State party based on performance.
- Cannot be derecognised by ECI.
- Cash donations capped at ₹2000; must report donations above this.
Section 126 & 126A
- 48-hour silence before polling: No TV/electronic campaign.
- Section 126A prohibits conduct and publication of exit polls during the polling period.
Declaration of Assets & Liabilities
- Mandatory affidavit at nomination stage.
- MPs must declare within 90 days of assuming office.
Section 8: Disqualification on Conviction
- 8(1): Disqualification for conviction under certain Acts (e.g., IPC, UAPA).
- 8(2): For food adulteration, dowry, etc.
- 8(3): Disqualification for ≥2 years’ imprisonment.
- 8(4): Struck down in Lily Thomas case (2013)—convicted MPs/MLAs now immediately disqualified.
Recent Amendments
- Section 126A added: Restricts exit polls.
- Section 20A: Allows NRIs to vote via postal ballot.
- Repeal of 8(4): Strengthened anti-criminalisation reforms.
- Section 62(2): Allows persons released from detention to vote.
Challenges in RPA
- False Affidavits: Lack of strict action for misreporting assets or qualifications.
- Bureaucratization of Politics: ECI’s dependence on govt. staff undermines autonomy.
- Misuse of Machinery: No strict deterrents for abuse of public resources by ruling parties.
- Delisting of Electors: Vulnerability of rural illiterate voters to name deletions.
Way Forward
- Prohibit opinion polls during poll periods.
- Make false declarations a criminal offence.
- Make ECI expenditure charged on Consolidated Fund of India.
- Address delisting issues with better electoral roll safeguards.
- Explore state funding of elections to reduce money power.