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Representation of the People Act, 1950

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GS-II: Polity

What is Representation of the People Act, 1950, and what are its objectives?

How are the seats allocated to the constituencies under rpa 1950, what is delimitation, and what are the provisions provided under rpa 1950 , who is qualified to be a voter in india, what are the various electoral offices , what is an electoral roll, and how is it prepared , what is the role of the judiciary in the election system .

Prelims:  Salient features of the Representation of People’s Act.  

Mains: Salient features of the Representation of People’s Act.

The Representation of the People Act of 1950 (RPA 1950) is an act of the Indian Parliament , which was enacted to deal with the electoral system of the nation at the national and state level.   

The purpose of the RPA 1950 is to provide for the

  • Allocation of seats to Lok sabha and state legislative assemblies , and state legislative councils . 
  • Delimitation of constituencies for the purpose of election.
  • Qualifications and disqualifications of voters. 
  • Preparation of electoral rolls.
  • Manner of filling the seats .

The four schedules under the RPA 1950 contain provisions pertaining to the allocation of seats and the method of election for various posts.

  • First Schedule: The allocation of seats to the States in the Lok Sabha and reservation of seats for Scheduled Castes and Scheduled Tribes .
  • Second Schedule: The total number of seats in the Legislative Assembly of each State.
  • Third Schedule: The allocation of seats in the Legislative Councils of the States.
  • Fourth Schedule: Local authorities for purposes of elections to Legislative Councils.  
  • Method of election: All the seats in the Lok Sabha shall be filled by persons chosen by direct election from parliamentary constituencies in the States. 
  • Delimitation means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.
  • Its orders have the force of law and cannot be called in question before any court. 
  • These orders come into force on a date to be specified by the President of India on this behalf.
  • Mention the delimitation commissions so far.
  • In India, such Delimitation Commissions have been constituted 4 times – in 1952, 1963, 1973, and 2002. 
  • The primary function of the Delimitation commission is to redraw the boundaries of various assemblies and Lok Sabha constituencies based on the recent census.  
  • The Election commission shall consolidate the delimitation orders of the delimitation commission into one single order, known as the delimitation of the parliamentary and assembly constituencies order . 

A person shall be disqualified for registration in an electoral roll if he/she:  

  • Is not a citizen of India.
  • Is of unsound mind and stands so declared by a competent court.
  • Is disqualified from voting under the provisions of any law relating to corrupt practices and other offenses in connection with elections.

Along with this, there are other provisions that provide for the disqualification of a voter as follows,

  • No person is to be registered in more than one constituency.
  • No person is to be registered more than once in any constituency.
  • Person is not less than 18 years of age on the qualifying date.
  • He is ordinarily resident in a constituency.
  • There shall be a Chief electoral officer (CEO) for each state nominated or designated by the election commission of India in consultation with the state government. 
  • To supervise the preparation, revision, and correction of all electoral rolls in the State.
  • Monitoring compliance with the Model Code of Conduct and submitting daily reports to the Election Commission.
  • The CEO is responsible for ensuring that all candidates and political parties comply with the rules and regulations governing the election.
  • It is his duty to review the law and order situation.
  • To seal the Electronic Voting Machines and election papers under his directions.
  • The Election Commission shall designate or nominate a district election officer who shall be an officer of Government. 
  • The Election Commission can also specify the area in respect of which each officer shall exercise jurisdiction. 
  • The primary function of the District election officer is to coordinate and supervise all work in the district or in the area within his jurisdiction in connection with th e preparation and revision of the electoral rolls for all parliamentary, assembly, and council constituencies within the district. 
  • The district election officer shall also perform other functions as may be entrusted to him by the Election Commission and the Chief electoral officer.
  • The Election Commission shall, in consultation with the Government of the State in which the constituency is situated, designate or nominate an Electoral registration officer. 
  • The electoral roll shall be prepared and revised by an electoral registration officer. 
  • A Returning Officer (RO) is an official who is responsible for conducting elections in a particular constituency.
  • The major functions of the RO are receiving and scrutinizing nomination papers of candidates who are contesting in the election, ensuring that all the necessary documents and forms are filled out correctly by the candidates , etc. 
  • An electoral roll is a comprehensive list of all eligible voters in a specific geographic area or constituency. It is used to determine who is eligible to vote in an election, or another event of voting. 
  • An electoral roll is prepared under the superintendence, direction, and control of the election commission for every constituency. . 
  • The electoral roll for a Parliamentary constituency shall consist of the electoral rolls of all the assembly constituencies under that parliamentary constituency.
  • Common electoral roll can be defined as one voter list that will be used for all elections, including Lok Sabha, State legislative assembly and other elections.
  • The Law Commission also endorses the suggestions of the ECI regarding the introduction of common electoral rolls for Parliamentary, Assembly and local body elections.

The Election Laws (Amendment) Bill 2021

  • Linking electoral roll data with Aadhaar: The electoral registration officer may require a person to furnish their Aadhaar number to establish their identity.
  • Qualifying date for enrolment in electoral roll: The Bill provides four qualifying dates in a calendar year, which will be January 1, April 1, July 1, and October 1. 
  • Requisitioning of premises for election purposes: The Bill expands the purposes for which premises can be requisitioned.  
  • Gender-neutral provisions: The Bill replaces the term ‘wife’ with ‘spouse’ in RPA, 1950 and RPA 1951.
  • To entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency.
  • To question the legality of any action taken by or under the authority of an electoral registration officer. 
  • No court shall take cognizance of any offense committed by any officer in connection with the preparation, revision, or correction of an electoral roll or the inclusion or exclusion, etc unless there is a complaint made by the Election Commission or the Chief Electoral Officer of the State concerned.  

Previous Year Questions (PYQs)

Q) “There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of peoples Act” Comment. (2020)

Frequently Asked Questions (FAQs)

Q) when was the last delimitation commission constituted.

The last delimitation commission was constituted in 2002 under Delimitation Act 2002. However, a Delimitation Commission was reconstituted on 6th March 2020, which became necessary after the passage of the Jammu and Kashmir Reorganization Act 2019. 

Q) Who is an ordinary resident in India?

A resident individual will be treated as ordinarily resident in India if he satisfies both the following conditions:

  • He is resident in India for at least 2 years out of 10 years immediately preceding the relevant year; or 
  • His stay in India is for 730 days or more during 7 years immediately preceding the relevant year. 

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Bare Acts Live

  • 1. Short title and commencement.
  • 2. Definitions and interpretation.
  • 3. Meaning of constituency.
  • 4. Form and languages of roll.
  • 5. Preparation of roll in parts.
  • 6. Order of names.
  • 7. Statement under section 20
  • 8. Information to be supplied by occupants of dwellinghouses.
  • 8A. Manner of giving notice for registration of persons as overseas electors.
  • 8B. Inclusion of names of overseas electors in the rolls.
  • 9. Access to certain registers.
  • 10. Publication of roll in draft.
  • 11. Further publicity to the roll and notice.
  • 12. Period for lodging claims and objections.
  • 13. Form for claims and objections.
  • 14. Manner of lodging claims and objections.
  • 15. Procedure of designated officers.
  • 16. Procedure of registration officer.
  • 17. Rejection of certain claims and objections.
  • 18. Acceptance of claims and objections without inquiry.
  • 19. Notice of hearing claims and objections.
  • 20. Inquiry into claims and objections.
  • 21. Inclusion of names inadvertently omitted.
  • 21A. Deletion of names.
  • 22. Final publication of roll.
  • 23. Appeals from orders deciding claims and objections.
  • 24. Special provision for preparation of rolls on redelimitation of constituencies.
  • 24A. Special provision for preparation of rolls of predelimited constituencies.
  • 25. Revision of rolls.
  • 26. Correction of entries and inclusion of names in electoral rolls.
  • 26A. Merger and integration of list of amendments.
  • 26B. Special provision for providing Aadhaar number by existing electors.
  • 27. Appeals under section 24 of the Act.
  • 28. Identity cards for electors in notified constituencies.
  • 29. Rolls for the Parliamentary constituencies in the Union territory of Delhi.
  • 30. Rolls for local authorities' constituencies.
  • 31. Rolls for graduates' and teachers' constituencies.
  • 32. Custody and preservation of rolls and connected papers.
  • 33. Inspection of electoral rolls and connected papers.
  • 34. Disposal of electoral rolls and connected papers.
  • 35. Use of old Forms.
  • 1. Short title
  • 2. Definitions
  • 3. Allocation of seats in the House of the People
  • 3-A. Reservation of seats in the House of the People for Scheduled Castes and Scheduled Tribes in certain Union Territories
  • 4. Filling of seats in the House of the People and Parliamentary constituencies
  • 5. Parliamentary constituencies
  • 6. Delimitation of Parliamentary constituencies
  • 7. Total number of seats in Legislative Assemblies and Assembly constituencies
  • 7-A. Total number of seats in the Legislative Assembly in Sikkim and Assembly constituencies
  • 8. Consolidation of delimitation orders
  • 8-A. Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal Pradesh, Assam, Manipur or Nagaland
  • 9. Power of Election Commission to maintain Delimitation Order up-to-date
  • 9-A. Power of Election Commission to determine the constituencies to be reserved for Scheduled Tribes in certain States
  • 9-B. Power of Election Commission to determine certain constituencies to be reserved for Scheduled Tribes
  • 10. Allocation of seats in the Legislative Councils
  • 11. Delimitation of Council constituencies
  • 12. Power to alter or amend orders
  • 13. Procedure as to orders delimiting constituencies
  • 13-A. Chief electoral officers
  • 13-AA. District election officers
  • 13-B. Electoral registration officers
  • 13-C. Assistant electoral registration officers
  • 13-CC. Chief electoral officers, district election officers, etc., deemed to be on deputation to Election Commission
  • 13-D. Electoral rolls for Parliamentary constituencies.
  • 14. Definitions
  • 15. Electoral roll for every constituency
  • 16. Disqualifications for registration in an electoral roll
  • 17. No person to be registered in more than one constituency
  • 18. No person to be registered more than once in any constituency.
  • 19. Conditions of registration
  • 20. Meaning of "ordinarily resident"
  • 20A. Special provisions for citizens of India residing outside India.
  • 21. Preparation and revision of electoral rolls
  • 22. Correction of entries in electoral rolls
  • 23. Inclusion of names in electoral rolls
  • 24. Appeals
  • 25. Fee for applications and appeals
  • 25-A. Conditions of registration as elector in Sangha constituency in Sikkim
  • 26. Preparation of electoral rolls for Assembly constituencies.
  • 27. Preparation of electoral rolls for Council constituencies
  • 27-A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories.
  • 27-B. Electoral college constituencies
  • 27-C. Delimitation of electoral college constituencies
  • 27-D. Power to alter or amend orders
  • 27-E. Procedure as to orders delimiting constituencies
  • 27-F. Electoral rolls for Council of States constituencies
  • 27-G. Termination of membership of electoral college for certain disqualifications
  • 27-H. Manner of filling of seats in the Council of States allotted to Union territories
  • 27-I. Special provisions for the filling of the seats in the Council of States allotted to the States of Ajmer and Coorg and the States of Manipur and Tripura
  • 27-J. Power of electoral colleges to elect notwithstanding vacancies therein
  • 27-K. Electoral colleges for certain States for which Legislative Assemblies have been constituted
  • 28. Power to make rules
  • 29. Staff of local authorities to be made available
  • 30. Jurisdiction of Civil Courts barred
  • 31. Making false declarations
  • 32. Breach of official duty in connection with the preparation, etc., of electoral rolls

The Representation Of The People Act, 1950

(43 of 1950)

Last Updated 4th January, 2022 [21/948]

Preliminary

(a) "article" means an article of the Constitution;

(b) "Assembly constituency" means a constituency provided [by law] for the purpose of elections to the Legislative Assembly of a State;

(c) "Council constituency" means a constituency provided [by law] for the purpose of elections to the Legislative Council of a State;

(d) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "Order" means an Order published in the Official Gazette;

(f) "Parliamentary constituency" means a constituency provided [by law] for the purpose of elections to the House of the People;

(g) "person" does not include a body of persons;

(h) "prescribed" means prescribed by rules made under this Act;

[(i) "State" includes a Union territory;

(j) "State Government" , in relation to a Union territory, means the administrator thereof;]

Allocation of Seats and Delimitation of Constituencies

The House of the People

The State Legislative Assemblies

(a) [twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the Governor, after consulting that Council may, by notification in the Official Gazette, specify, and

(b) the remaining forty seats shall be filled by persons chosen by direct election from Assembly constituencies in the rest of the State.

(a) twelve seats shall be reserved for Sikkimese of Bhutia-Lepcha origin;

(b) two seats shall be reserved for the Scheduled Castes of that State; and

(c) one seat shall be reserved for the Sanghas referred to in section 25-A.

(a) ] [fifty-nine seats] [shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Arunachal Pradesh;

(b) fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Meghalaya;

(c) thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Mizoram; and

(d) fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Nagaland.]

The Delimitation of Parliamentary and Assembly Constituencies Order

(a) after making such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the Parliamentary and Assembly constituencies as given in such orders, without, however, altering the extent of any such constituency;

(b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made applicable pursuant to the orders made by the President under section 10-A of the Delimitation Act, 2002 (33 of 2002) relating to delimitation of Parliamentary and Assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of section 10-B of the said Act relating to delimitation of Parliamentary and Assembly constituencies in the State of Jharkhand, consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in sub-section (5) of section 4 and sub¬-section (3) of section 7 and shall have the force of law and shall not be called in question in any Court.]

(a) the Parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(a) the Assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State;

(a) publish its proposals under sub-sections (2), (3) and (4) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(b) specify a date on or after which the proposals will be further considered by it;

(c) consider all objections and suggestions which may have been received by it before the date so specified;

(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of Parliamentary and Assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the force of law and shall not be called in question in any Court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.

[(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;

(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or Assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under section 8-A of this Act or any other Central Act;

(b) where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date.

[(c) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for bringing the Order up-to-date by including therein and excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of India and fifty-one enclaves of Bangladesh with effect from 31st July, 2015, in pursuance of the Constitution (One Hundredth Amendment) Act, 2015.]

The State Legislative Councils

(a) the numbers specified in the third, fourth and fifth columns shall be the numbers of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) the number specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the Legislative Assembly of the State from amongst persons who are not members of that Assembly; and

(c) the number specified in the seventh column shall be the number of seats to be filled by persons nominated by the Governor [* * *] of the State in accordance with the provisions of clause (5) of article 171.

(a) the constituencies into which each State having a Legislative Council shall be divided for the purpose of elections to that Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;

(c) the number of seats allotted to each constituency.

Provisions as to orders delimiting constituencies

[PART II-A]

Electoral Rolls For Parliamentary Constituencies

[ELECTORAL ROLLS FOR ASSEMBLY ] [* * *] [CONSTITUENCIES]

(a) "constituency" means an Assembly constituency ] [* * *] [;

(b) "qualifying date", in relation to the preparation or revision of every electoral roll under this Part, means ] [the 1st day of January, the 1st day of April, the 1st day of July and the 1st day of October] [of the year in which it is so prepared or revised:]

(a) is not a citizen of India; or

(b) is of unsound mind and stands so declared by a competent Court; or

(c) is for the time being disqualified from voting under the provisions of any law relating to corrupt [* * *] practices and other offences in connection with elections.

(a) is not less than ] [eighteen years] [of age on the qualifying date, and

(b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency.]

(a) being a member of the armed forces of the Union; or

(b) being a member of a force to which the provisions of the Army Act, 1950, have been made applicable whether with or without modifications; or

(c) being a member of an armed police force of a State, who is serving outside that State; or

(d) being a person who is employed under the Government of India, in a post outside India.]

(a) whose name is not included in the electoral roll;

(b) who has not acquired the citizenship of any other country; and

(c) who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not), shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.

(a) shall, unless otherwise directed by the Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date-

(i) before each general election to the House of People or to the Legislative Assembly of a State; and

(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency; and

(b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Election Commission:

(a) is erroneous or defective in any particular,

(b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or

(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special direction, if any, as may be given by the Election Commission in this behalf, amend, transpose or delete the entry [after proper verification of facts in such manner as may be prescribed] :

(a) to the [district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank] , from any order of the electoral registration officer under section 22 or section 23 ]

[(b) to the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause (a)]

[ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES]

(a) the electorate shall consist of members of such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that State in the Fourth Schedule;

(b) every member of each such local authority within a local authorities' constituency shall be entitled to be registered in the electoral roll for that constituency;

(c) the electoral registration officer for every local authorities' constituency shall maintain in his office in the prescribed manner and form the electoral for that constituency corrected up-to-date;

(d) in order to enable the electoral registration officer to maintain the electoral roll corrected up-to-date, the chief executive officer of every local authority (by whatever designation such officer may be known) shall immediately inform the electoral registration officer about every change in the membership of that local authority; and the electoral registration officer shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority; and

(e) the provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities' constituencies as they apply in relation to Assembly constituencies.]

(a) the qualifications which shall be deemed to be equivalent to that of a graduate of a university in the territory of India, and

(b) the educational institutions within the State not lower in standard than that of a secondary school.

[(a)] every person who [is] ordinarily resident in a graduates' constituency and has, for at least three years [before the qualifying date] , been either a graduate of a university in the territory of India or in possession of any of the qualifications specified under clause (a) of sub-section (3) by the State Government concerned, shall be entitled to be registered in the electoral roll for that constituency; and

[(b)] every person who [is] ordinarily resident in a teachers' constituency, and has, within the six years immediately [before the qualifying date] for a total period of at least three years, been engaged in teaching in any of the educational institutions specified under clause (b) of sub-section (3) by the State Government concerned shall be entitled to be registered in the electoral roll for that constituency.

[PART IV-A]

Manner Of Filling Seats In The Council Of States To Be Filled By Representatives Of [Union Territories]

[(a) the determination of ordinary residence under sub-section (7) of section 20;

(aa) the particulars to be entered in the electoral rolls;]

(b) the preliminary publication of electoral rolls [* * *] ;

(c) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;

(e) the manner in which notices of claims or objections shall be published;

(f) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;

(g) the final publication of electoral rolls;

[(h) the revision and correction of electoral rolls and inclusion of names therein;]

[(hh) the procedure for proper verification of facts for amending, transposing or deleting any entry in the electoral rolls, under section 22;

(hhh) the procedure for proper verification of facts for inclusion of or striking off, names in the electoral rolls, under sub-section (2) of section 23;] .

[(hhha) the authority and the form and manner of intimation of Aadhaar number under sub-section (5) of section 23;

(hhhb) the sufficient cause and furnishing of alternate documents to be provided by the individual under sub-section (6) of section 23.]

(i) any other matter required to be prescribed by this Act.

(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or

(b) to question the legality of any action taken by or under the authority of an electoral registration officer, or of any decision given by any authority appointed under this Act for the revision of any such roll.

(a) the preparation, revision or connection of an electoral roll, or

(b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.]

[THE FIRST SCHEDULE]

(See section 3)

Allocation of Seats in the House of the People

THE SECOND SCHEDULE

(See sections 7 and 7A)

TOTAL NUMBER OF SEATS IN THE LEGISLATIVE ASSEMBLIES

[THE THIRD SCHEDULE]

(See section 10)

ALLOCATION OF SEATS IN THE LEGISLATIVE COUNCILS

THE FOURTH SCHEDULE

[See section 27(2)]

LOCAL AUTHORITIES FOR PURPOSES OF ELECTIONS TO LEGISLATIVE COUNCILS

[ MADHYA PRADESH ]

[ MAHARASHTRA ]

[ KARNATAKA ]

UTTAR PRADESH

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  • PRELIMINARY
  • The House of the People
  • The State Legislative Assemblies
  • The Delimitation of Parliamentary and Assembly Constituencies Order
  • The State Legislative Councils
  • Provisions as to orders delimiting constituencies
  • ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES
  • ELECTORAL ROLLS FOR ASSEMBLY CONSTITUENCIES
  • ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIESELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES
  • MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY REPRESENTATIVES OF UNION TERRITORIES

The Representation of the People Act, 1950

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Prominent features of the Representation of People’s Act

Elections form the support of Indian Democratic system. Indian democratic setup gives on us the right to elect the representatives of the state.

The Representation of People Act, 1951 is an act of Parliament of India which provides 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 Act was endorsed by the provisional parliament under Article 327 of Indian Constitution , before the first general election. The act also manages issues like qualification and disqualification of members of both houses of Parliament (Lok Sabha and Rajya Sabha) and the state legislatures (State Legislative Assembly and State Legislative Council).

The acts were modified many times but one of the noteworthy alterations is the Representation of the People (Amendment) Act, 1966 (47 of 1966), which eliminated the election tribunals and transferred the election petitions to the High Court whose orders can be appealed to Supreme Court.

However, election disputes regarding the election of President and Vice-President are directly heard by the Supreme Court.

It was established that after India’s independence, an elected constituent assembly was set up to develop the constitution. Most of the articles of the constitution came into force on 26 January 1950, the Republic Day. Part XXI of the constitution contained the translational provisions.

Articles 379 and 394 of Part XXI which contained provisions for provisional parliament and other articles which contained provisions like citizenship came into force on 26 November 1949, the date on which the constitution was drafted. The provisional parliament enacted the Act vide Act No.43 of 1951 for the first general election conducted on 25 October 1951.

Representation of Peoples Act 1950 (RPA Act 1950) offers for the following conduct

  • Qualification of voters
  • Preparation of electoral rolls
  • Delimitation of constituencies
  • Allocation of seats in the Parliament and state legislatures

Highpoints of RPA Act 1951

  • Actual conduct of elections
  • Administrative machinery for conducting elections
  • Election offences
  • Election disputes
  • By-elections
  • Registration of political parties

The Representation of People Act, 1951 has great significance for good functioning of Indian egalitarianism because it checks the entry of persons with illegal background into the representative bodies.

  • Part 21 of the Indian Constitution drafted by the Constituent Assembly had mentioned for a provisional parliament. The provisional parliament enacted Representation of People’s Act 1951, so that general elections could be conducted according to the rules mentioned.
  • Citation is Article No 43 of 1951.
  • Representation of People’s Act contains 13 parts (2 parts added as amendments). Each part is divided into different sections making it a total of 171 numbered sections (including those sections which were repealed later.).
  • Expressions not used in 1951 act, but listed in Representation of the People Act 1950 (43 of 1950) have the same meaning.
  • Chief Electoral Officer is mentioned in section 13A.
  • Corrupt practices are mentioned in section 123.
  • Election means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir.

The recent RPA (Amendment and Validation) bill which was initiated in Rajya Sabha during monsoon session was enacted on the same day and later was sent to Lower House Lok Sabha where the bill got finally passed on September 06, 2013.

The Bill seeks to modify the Representation of People Act, 1951 (RPA, 1951).

The two major amendments were done in Bill that includes:

  • A person can file his nomination even though he is shunned from being voting owing to be in jail or in police custody during elections or before.
  • The past act has not defined on what grounds, a person can be disqualified. In this act the grounds are clearly stated as disqualification can be on conviction for certain specified offences and can be on no other ground. As a result if one is proved for any conviction of any one of the offences, then his/her name will be wiped off from electoral roll and shall cease to be a voter.

What is Section 8 of 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 —
  • only fine, for a period of six years from the date of such conviction;
  • 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—
  • any law providing for the prevention of hoarding or profiteering; or
  • any law relating to the adulteration of food or drugs; or
  • 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.

The fourth point above was the controversial Section 8(4) clause of the Representation of Peoples Act which was struck down by the Supreme Court calling the Act ultra-vires of the Constitution and providing for disqualification of MPs/MLAs on the day of their conviction.

How is RPA, 1951 different from the provisions related to elections in Constitution of India?

Part XV of Indian Constitution is ELECTIONS, which includes Articles 324 to 329. This part of the Constitution provides for Election Commission (Art.324), universal suffrage (Art.325) and adult suffrage (Art.326).

Article 327 enables Parliament to enact provisions for elections and Article 328 provides that states can enact provisions for house or houses of the state legislature, if the Centre has not provided for the same.

Under Article 329, courts are barred from questioning the Delimitation Act brought by the Parliament and it also mentions that disputes related to elections can be called in question only by an election petition in a manner provided by and to the authority decided by the appropriate legislature.

Accordingly, the Parliament under Article 327 enacted certain provisions, among others, namely:

  • The Representation of People Act 1950, which provides for allocation of seats and delimitation of constituencies of the Parliament and state legislature, officers related to conduct of elections, preparation of electoral rolls and manner of filling seats in the Council of States allotted to Union Territories.
  • The Representation of People Act, 1951 , which provides 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.
  • Delimitation Commission Act of 1952 , which provides for the readjustment of seats, delimitation and reservation of territorial constituencies and other related matters.
  • The Presidential and Vice-Presidential Election Act 1952 , which provides for the conduct of Presidential and Vice- Presidential election and mechanism for the settlement of any dispute arising out of such elections.

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Representation of the People Act of 1950, Provision & Significance

Representation of the People Act of 1950 was enacted to provide for the distribution of seats in the House of People. Read all about Representation of the People Act of 1950 for UPSC Exam.

Representation of People Act, 1950

Table of Contents

Representation of People Act, 1950

The electoral process in our nation is governed by Articles 324–329 of Part XV of the Constitution. The Constitution gives Parliament the authority to establish rules for elections to the State Legislatures and the Parliament. The Representation of the People Act 1950 (RPA Act 1950), Representation of the People Act 1951 (RPA Act 1951), and Delimitation Commission Act of 1952 were all statutes that the Parliament passed in order to exercise this authority.

The Representation of the People Act 1950 is an important part of Indian Polity which is an important subject in UPSC Syllabus . Students can also go for UPSC Mock Test to get more accuracy in their preparations.

Representation of People Act, 1950 History

General elections were required to choose a truly representative government based on adult universal suffrage after the country gained independence. No one should be denied the right to participate in or claim participation in a special electoral roll on the grounds of their religion, race, caste, or sex, according to Article 325 of the constitution, which guarantees universal suffrage.

As a result, on November 26th, 1949, the ECI was founded as a separate constitutional entity. To establish a legislative basis for the holding of elections, Parliament passed the Representation of the People Act of 1950, the Representation of the People Act of 1951, and the Delimitation Commission Act of 2002. For the first general elections to the Lok Sabha and Vidhan Sabha, the President issued the first delimitation order in August 1951 after consulting with ECI and receiving Parliament’s assent.

Also Read: State Human Right Commission

Representation of the People Act of 1950 Provisions

The election provisions are part of the Representation of the People Act of 1950. Seat distribution for the House of Representatives, State Legislative Assemblies, and State Legislative Councils, as well as the delineation of constituencies for the Parliament, Assembly, and Council.

Chief electoral officers, district election officers, and electoral registration officers are only a few examples of election officials. Electoral lists for the Parliament, the Assembly, and the Council. One of the provisions is the process for delegates from union territories to fill seats in the Council of States.  Local authorities are one of the provisions for state legislative council elections. Preventing the exercise of civil court jurisdiction.

Delimiting Constituencies

Only after consulting the ECI may the President of India change orders defining constituencies. Scheduled Castes and Scheduled Tribes are entitled to seats in the Lok Sabha. The ECI has the power to choose which districts in Meghalaya, Mizoram, Nagaland, and Tripura would be designated for scheduled tribes.

Allocation of Seats

Each state is represented in the Lok Sabha to the fullest extent feasible in proportion to its population as indicated by census data.

Electoral Rolls

The 1950 Act permits those who hold a service qualification, such as a member of the armed forces, a member of a state’s armed police force serving outside the state, or central government employees posted outside India, to be registered on electoral rolls. Wives of these individuals are also considered to be ordinarily residents in India as determined by the President in consultation with the ECI. The term “wife” would be changed to “spouse” in order to gender-neutralize some clauses.

Chief Electoral Officer (CEO)

To oversee the election operations in the state/UTs, the ECI will nominate or appoint a CEO for each state in cooperation with the state government. The ECI also appoints or designates a state official as the District Election Officer (DEO) in conjunction with the state government. The CEO is ultimately in charge of and oversees the DEO’s work.

Electoral Registration Officer (ERO)

The task of creating the electoral rolls for each constituency (parliamentary or assembly) is under the purview of the ERO. The District Magistrate is currently hearing an appeal over a decision made by the ERO during the electoral roll update.

Returning Officer (RO)

The RO oversees the election in a constituency and nominates a winner. The ECI appoints or designates a government official or local authority as the RO after consulting with the state government.

Power to make rules

The act grants the Central government the authority, which it may then use after consulting with the ECI. Additionally, the Civil Courts are not permitted to contest the constitutionality of any ERO electoral roll amendment action.

Voting Rights

Voting rights were granted to Indian nationals residing overseas in 2010.

Also Read: National Human Rights Commission

Representation of the People Act of 1950 Significance

It was passed in order to set voter requirements, specify the process for creating electoral rolls, and specify how seats would be filled. It also outlines the allocation of seats and the delineation of constituencies. Since then, this Act has undergone various amendments, the most recent of which was made in 2017.

The Act permits common citizens to register on a constituency’s electoral rolls. These people include those with a service qualification (such as members of the armed forces, armed police from a state serving outside the state, or central government employees posted outside India), as well as those who hold certain offices in India that the President has declared after consulting the Election Commission. According to the Act, the wives of such people are likewise considered to be ordinarily residing in India. In the 2017 modification, the word “spouse” was used in place of “wife.”

In a direct and participatory democracy, voters can select their leaders because elections are held at the constituency level. With the aid of a delimitation commission, MPs and MLAs are chosen based on population to ensure equity. The election rolls are updated often to ward off ghost and fake voters. Politics is decriminalized by sections like 8(4), which forbids the entry of members with a criminal history. By forbidding candidates from influencing voters with financial support, it promotes free and fair elections. Serve as a deterrent for candidates to stay clear of wrongdoing and corruption and to behave in the public interest.

Representation of the People Act of 1950 Criticism

Due to a lack of independent staff and a separate secretariat for its own operations, the Election Commission of India (ECI) has difficulty carrying out its duties since it lacks the necessary authority. India has a legislative framework to enforce internal party democracy, not even the RPA act, in contrast to Germany and Portugal.

Candidates fail to disclose their assets and liabilities even though the Supreme Court and the RPA demand them to. RPAs lack explicit laws and instructions on issues connected to the abuse of official apparatus that offers the ruling party an unwarranted electoral advantage. Under the RPA legislation, false affidavits or a significant suspension are not grounds for election violations.

Representation of the People Act of 1950 UPSC

India must have a mechanism to defend people’s interests and electors must act in the best interests of the people rather than their own self-interest as a democratic nation where people elect their representatives. Parliament passed the Representation of the Peoples Act (RPA) with these factors in mind. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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Representation of the People Act of 1950 FAQs

What is according to the representation of people act 1951.

The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State.

What is Section 8 of the Representation of the People Act?

Section 8 of the Representation of the People Act, 1951, provides for the disqualification of a person convicted of certain offenses from being chosen as, or continuing as, a Member of Parliament or a Member of a Legislative Assembly.

What is Representation of Peoples Amendment Act 2010?

This Act may be called the Representation of the People (Amendment) Short title and Act, 2010. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

What is Section 99 of the Representation of People Act?

Representation of People Act Section 99 givens an opportunity of cross-examining any witness who has already been examined by the High Court and has given evidence against him, of calling evidence in his defence and of being heard.

What is Section 81 of Representation of People Act 1951?

Sub section (3) of Section 81 of the Representation of the People Act, 1951 requires that every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition.

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Salient features of the Representation of Peoples Act

Last updated on March 7, 2024 by Alex Andrews George

representation of peoples act

Article 324 to 329 of Part XV of the Constitution deals with the electoral system in our country. Constitution allows Parliament to make provisions in all matters relating to elections to the Parliament and State Legislatures.

In exercise of this power, the Parliament has enacted laws like Representation of the People Act 1950 (RPA Act 1950), Representation of the People Act 1951 (RPA Act 1951) and Delimitation Commission Act of 1952.

In this article, let us focus on the salient features of the Representation of Peoples Act: RPA Act 1950 and RPA Act 1951.

Table of Contents

Representation of Peoples Act 1950 (RPA Act 1950)

Representation of Peoples Act 1950 (RPA Act 1950) provides for the following :

  • Qualification of voters .
  • Preparation of electoral rolls.
  • Delimitation of constituencies.
  • Allocation of seats in the Parliament and state legislatures.

RPA Act 1950 Parts and Schedules

  • Part I : Preliminary
  • Part II : Allocation Of Seats And Delimitation Of Constituencies
  • Part IIA : Officers
  • Part IIB : Electoral Rolls For Parliamentary Constituencies
  • Part III : Electoral Rolls For Assembly Constituencies
  • Part IV Electoral Rolls For Council Constituencies
  • Part V General
  • The First Schedule: Allocation of seats in the House of the People
  • The Second Schedule: Total number of seats in the Legislative Assemblies
  • The Third Schedule: Allocation of seats in the Legislative Councils
  • The Fourth Schedule: Local authorities for purposes of elections to Legislative Councils
  • The Fifth Schedule: [Repealed by the Government of Union Territories Act, 1963]
  • The Sixth Schedule: [Repealed by the Representation of the People (Amendment) Act, 1956]
  • The Seventh Schedule: [Repealed by the Representation of the People (Amendment) Act]

Also read: Cross-Voting in Elections

Representation of Peoples Act 1951 (RPA Act 1951)

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 (ie Loksabha and Rajyasabha) and the state legislatures (ie. State Legislative Assembly and State Legislative Council). Rules for the mode of conduct of elections is highlighted in detail.

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Highlights of RPA Act 1951

  • Actual conduct of elections.
  • Administrative machinery for conducting elections.
  • Election offences.
  • Election disputes.
  • By-elections.
  • Registration of political parties.

The act is of special significance to the smooth functioning of Indian democracy, as it checks the entry of persons with criminal background into the representative bodies.  Representation of People’s Act 1951 was amended many times, the major amendment being made in 1966.

[Salient features of the Representation of Peoples Act: Specifically mentioned in  Civil Service Mains GS Paper 2 ; can also be asked for  Prelims  and  Interview ]

Salient features of the Representation of People’s Act

  • Part 21 of the the Indian Constitution drafted by the Constituent Assembly had mentioned for a provisional parliament. The provisional parliament enacted Representation of People’s Act 1951, so that general elections could be conducted according to the rules mentioned. 
  • Citation is Article No 43 of 1951.
  • Representation of People’s Act contains 13 parts (2 parts added as amendments). Each part is divided into different sections making it a total of 171 numbered sections (including those sections which were repealed later.).
  • The details of the parts in Representation of Peoples Act 1951 are as below:
  • PART I : PRELIMINARY.
  • PART II : QUALIFICATIONS AND DISQUALIFICATIONS.
  • PART III : NOTIFICATION OF GENERAL ELECTIONS.
  • PART IV : ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS.
  • PART IV A : REGISTRATION OF POLITICAL PARTIES.
  • PART V : CONDUCT OF ELECTIONS.
  • PART VA : FREE SUPPLY OF CERTAIN MATERIAL TO CANDIDATES OF RECOGNISED POLITICAL PARTIES.
  • PART VI : DISPUTES REGARDING ELECTIONS.
  • PART VII : CORRUPT PRACTICES AND ELECTORAL OFFENCES.
  • PART VIII : DISQUALIFICATIONS.
  • PART IX : BYE-ELECTIONS.
  • PART X : MISCELLANEOUS.
  • PART XI : GENERAL.
  • Expressions not used in 1951 act, but listed in Representation of the People Act 1950 (43 of 1950) shall have the same meaning.
  • Chief Electoral Officer is mentioned in section 13A.
  • Corrupt practices are mentioned in section 123.
  • “Election” means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State other than the State of Jammu and Kashmir.

Download Representation of Peoples Act in PDF

  • Representation of Peoples Act 1950 .
  • Representation of Peoples Act 1951.
  • Representation of Peoples Amendment Act 2010 .

Why Representation of the People Act is in news now?

The act, since is pivotal in preventing criminals being elected as representatives, is always quoted by Supreme Court and High Court in various judgments.

News: July 10, 2013: Supreme Court struck down Section 8(4) of the Representation of People’s (RP) Act

Details:  A two-judge Supreme Court bench on July 10 struck down Section 8(4) of the Representation of People’s (RP) Act. Section 8(4) had provisions for convicted lawmakers to hold on to their seats provided they filed an appeal within three months of their conviction.

What is Section 8 of Representation of Peoples Act 1951 : Section 8 deals with Disqualification of representatives on conviction for certain offences. This section states that :

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  • 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 .

The stroked-through portion above was the controversial Section 8(4) clause of the Representation of Peoples Act which was struck down by the Supreme Court calling the Act ultra-vires of the Constitution and providing for disqualification of MPs/MLAs on the day of their conviction.

News: July 2013: SC upholds Patna High Court judgment debarring persons in judicial and police custody from contesting elections (Section 62 (5) of the Representation of the People Act 1951).

Details :  Convicted or not, rule applies to those in jail and police custody; not applicable to those out on bail. The Bench said: “We have heard counsel for the [political] parties and we do not find any infirmity in the findings of the High Court in the impugned common order that a person who has no right to vote by virtue of the provisions of Section 62 (5) of the Representation of the People Act 1951 is not an elector and is therefore not qualified to contest the election to the House of the People or the Legislative Assembly of a State.”

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January 5, 2016 at 7:05 am

AT PRESENT IS IT PEOPLE s REPRESENTATION or Party (Gangsters)Boss representation in Parliament & Assembly? 36 gangsters Boss from Tamilnadu to Kashmir & MHR to Nagaland controlling the treasury of state wealth inTheir interest with unconstitutional sword of Whip to punish if party(gangsters) representative does not obey.—-Then where is democracy for ,of ,& by the people

January 5, 2016 at 7:13 am

From May 1 2015 the photo of people representative candidate has been installed in Ballot box unit then gangsters -Party boss symbols should go away.This will fulfil the sprit of our constitution for loksabha Vidhansabha & Gramsabha

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Representation of People Act (RPA), 1950 - Simplified

GS 2 Polity

The fundamental cornerstone of democracy lies in the organization of free and equitable elections. To ensure that elections are conducted with integrity and impartiality, the framers of the constitution incorporated Part XV (Articles 324-329) , granting Parliament the authority to enact laws governing the electoral process.

The Election Commission of India (ECI) serves as the guardian of fair elections within the nation, as stipulated in Article 324 of the Constitution.

To address these principles, Parliament enacted the Representation of the People Act (RPA) in two phases: first in 1950 and later in 1951. In this series of discussions, we will delve into the details of the RPA, 1950, followed by an exploration of the RPA, 1951, and related aspects of both acts.

Following India's independence, the need arose for general elections to establish a truly representative government based on universal adult suffrage . Article 325 of the constitution guarantees universal suffrage , barring discrimination on grounds of religion, race, caste, or sex when determining eligibility for inclusion in electoral rolls.

Universal adult suffrage is the principle granting all adult citizens the right to vote, irrespective of their wealth, income, gender, social status, race, or ethnicity, with only minor exceptions.

To ensure the integrity of elections, the ECI was established as an independent constitutional authority on November 26th, 1949. To provide a legal framework for elections, Parliament passed the Representation of the People Act, 1950, the Representation of the People Act, 1951, and the Delimitation Commission Act of 2002. To prepare for the first general elections to the Lok Sabha and Vidhan Sabhas, the President, in consultation with the ECI and with Parliament's approval, issued the first delimitation order in August 1951.

RPA, 1950: Key Provisions

The RPA, 1950, lays down procedures for the delimitation of constituencies, seat allocation in legislative bodies, electoral roll preparation, voter qualifications, and more.

  • Delimiting Constituencies

The President holds the power to amend constituency delimitation orders, but only after consulting the ECI. Scheduled Castes and Scheduled Tribes have reserved seats in the Lok Sabha, and the ECI determines which constituencies are to be reserved for Scheduled Tribes in certain states.

  • Allocation of Seats

Every state strives to receive proportional representation in the Lok Sabha based on census figures.

  • Electoral Rolls

The 1950 Act allows the registration of residents within a constituency, including certain categories such as armed forces members and government employees posted abroad. A proposal to make provisions gender-neutral is under consideration, replacing "wife" with "spouse."

Schedules in RPA, 1950

  • First Schedule: Allocation of seats in the House of the People.
  • Second Schedule: Total number of seats in Legislative Assemblies
  • Third Schedule: Allocation of seats in Legislative Councils.
  • Fourth Schedule : Local authorities for Legislative Council elections.

Electoral Officers 

  • Chief Electoral Officer (CEO)

Each state has a CEO nominated or designated by the ECI in consultation with the state government to oversee election activities. The District Election Officer (DEO) is similarly appointed, working under the CEO's supervision.

  • Electoral Registration Officer (ERO)

The ERO is responsible for preparing electoral rolls for each constituency, with an appeal process now involving the District Magistrate.

  • Returning Officer (RO)

The RO manages constituency elections and declares elected candidates. The ECI, in consultation with the state government, appoints the RO. The Central government, in consultation with the ECI, has the authority to establish rules under the act, while civil courts are prohibited from challenging the legality of ERO actions regarding electoral roll revisions.

In conclusion, the Representation of the People Act of 1950 (RPA 1950) holds immense significance in upholding the integrity of India's electoral processes. This comprehensive legislation encompasses vital aspects such as the demarcation of constituencies, allocation of seats, voter enrollment procedures, and the functions of essential election officials. The schedules within the act intricately outline the distribution of seats among various legislative bodies, further reinforcing its pivotal role in ensuring equitable and just elections within the country.

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Representation of the People Act, 1951

Facts for prelims (ffp).

Context: The Election Commission (EC) has issued a directive to crackdown on anonymous political hoardings, requiring the disclosure of the names of their publishers and printers for traceability and accountability.

  • This move aims to regulate campaign financing and ensure accountability if the content violates the Model Code of Conduct or statutory provisions.
  • This decision follows representations received by the EC regarding hoardings lacking identification of printers or publishers.
  • Section 127A of the Representation of the People Act, 1951 , mandates the prominent display of the name and address of the printer and publisher on election-related material.

This directive holds printers, publishers, and licensees/contractors of urban local bodies accountable for political advertisements published on outdoor media.

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  • What Is The Representation Of The People Act 1950

What is the Representation of the People Act 1950?

The Representation of the People Act 1950 lays down 

  • Procedures for delimitation of constituencies.
  • Procedure for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States.
  • For the preparation of electoral rolls and the manner of filling seats.
  • The qualification of voters.

Further Reading:

  • Representation of People Act, 1951
  • Indian Polity Notes For UPSC

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  1. Salient Features of the Representation of People’s Act.

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  3. Representation Of The People Act 1950 & 1951

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  4. Representation of People Act, 1950

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  5. Representation of the People Act of 1950, Provision & Significance

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COMMENTS

  1. Representations of Peoples Acts (RoPA), 1950 and 1951: Key ...

    March 26, 2016 March 26, 2016. Parliament of India had enacted two acts viz. Representations of Peoples Acts (RoPA), 1950 and RoPA, 1951 to provide a detailed framework around free and fair elections in the country. The 1950 law makes provisions for allocation of seats in Lok Sabha and Legislative Assemblies, Delimitation of Constituencies ...

  2. PDF THE REPRESENTATION OF THE PEOPLE ACT, 1950

    Short title. —This Act may be called the Representation of the People Act, 1950. Definitions.— 3* * * In this Act, unless the context otherwise requires,—. "article" means an article of the Constitution; "Assembly constituency" means a constituency provided 4[by law] for the purpose of elections to the Legislative Assembly of a State;

  3. The Representation of the People Act : Part I

    Representation of the People Act (RPA), 1950. Lays down procedures for delimitation of constituencies. Provides for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States. Lays procedure for the preparation of electoral rolls and the manner of filling seats.

  4. PDF THE REPRESENTATION OF THE PEOPLE ACT, 1950

    —This Act may be called the Representation of the People Act, 1950. 2. Definitions.— 3* * * In this Act, unless the context otherwise requires,— (a) "article" means an article of the Constitution; (b) "Assembly constituency" means a constituency provided 4[by law] for the purpose of elections to the Legislative Assembly of a State;

  5. Representation of the People Act, 1950

    The Representation of the People Act of 1950 (RPA 1950) is an act of the Indian Parliament, which was enacted to deal with the electoral system of the nation at the national and state level. The purpose of the RPA 1950 is to provide for the. Allocation of seats to Lok sabha and state legislative assemblies, and state legislative councils.

  6. Representation of the People Act

    Representation of the People Acts is a collective title for legislation relating to representation of the people, including Rating Acts and other Registration Acts. [2] The title was first used in the United Kingdom in the 1832 Great Reform Act and was adopted in other countries of, or formerly part of, the British Empire through the spread of ...

  7. Representation Of The People Act, 1950

    It is felt that the provisions of the Representation of the People Act, 1950 and the Representation of the People Act, 1951, in this regard should be clearly defined so that during the relevant period, these officers would, while discharging functions relating to elections, be under the control, superintendence and discipline of the Election ...

  8. PDF THE REPRESENTATION OF THE PEOPLE ACT, 1950

    1. Short title.—This Act may be called the Representation of the People Act, 1950. 2. Definitions.—3*** In this Act, unless the context otherwise requires,— (a) "article" means an article of the Constitution; (b) "Assembly constituency" means a constituency provided 4[by law] for the purpose of

  9. India Code: Representation of the People Act, 1950

    An Act to provide the allocation of seats in, and the delimitation of constituencies for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, the manner of filling seats in the Council of States to be filled by representatives of ...

  10. PDF The Representation of The People Act, 1950 Act No. 43 of 1950 1

    ACT NO. 43 OF 1950 1. [12th May, 1950.] An Act to provide for the allocation of seats in, and the delimitation of constituencies for the purpose of elections to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, 2[the manner of filling seats in the Council ...

  11. The Representation of the People Act, 1951

    1. Short title.—. This Act may be called the Representation of the People Act, 1951. 2. Interpretation.—. (a) each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same meaning as in the Act; (bb) "chief ...

  12. The Representation of the People Act : Part I

    Representation of the People Act (RPA), 1950. Key Provisions. Lays down procedures for delimitation of constituencies. Provides for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States. Lays procedure for the preparation of electoral rolls and the manner of filling seats.

  13. Prominent features of the Representation of People's Act

    Representation of People's Act contains 13 parts (2 parts added as amendments). Each part is divided into different sections making it a total of 171 numbered sections (including those sections which were repealed later.). Expressions not used in 1951 act, but listed in Representation of the People Act 1950 (43 of 1950) have the same meaning.

  14. Representation of the People Act of 1950, Provision & Significance

    Representation of the People Act of 1950 UPSC. India must have a mechanism to defend people's interests and electors must act in the best interests of the people rather than their own self-interest as a democratic nation where people elect their representatives. Parliament passed the Representation of the Peoples Act (RPA) with these factors ...

  15. Representation of the People Act, 1951

    The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election 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 ...

  16. Salient features of the Representation of Peoples Act

    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 (ie Loksabha and ...

  17. Salient features of the Representation of People's Act, 1950

    Representation of the People Act (RPA), 1950. Key Provisions. Lays down procedures for delimitation of constituencies. Provides for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States.; Lays procedure for the preparation of electoral rolls and the manner of filling seats. Lays down the qualification of voters.

  18. Representation of People Act (RPA), 1950

    The 1950 Act allows the registration of residents within a constituency, including certain categories such as armed forces members and government employees posted abroad. A proposal to make provisions gender-neutral is under consideration, replacing "wife" with "spouse." Schedules in RPA, 1950.

  19. Salient Features of the Representation of People's Act.

    The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election 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 ...

  20. Representation of People Act, 1951

    The Representation of People Act, 1951 was passed by the Parliament in accordance with Article 327 of the Constitution of India. This legislation deals with the conduct of elections in the country and is hence a very important one. Read more on this Act and its provisions for the UPSC exam polity and governance segments.

  21. The Representation of People Act, 1950

    Conditions for Registration in Electoral Rolls. For every constituency, there is a voters list. Article 326 of the Constitution and Section 19 of Representation of People's Act 1950 stipulates that the minimum age for registration of a voter is 18 years. Earlier, the age for registration of a voter was 21 years.

  22. The Representation of the People Act, 1951

    legislative department, legislative, law, parliament, drafting, legal draft, bills, resolutions, bill draft, law making, ordinance, legal affairs, legislative affairs ...

  23. Representation of the People Act, 1951

    Section 127A of the Representation of the People Act, 1951, mandates the prominent display of the name and address of the printer and publisher on election-related material. This directive holds printers, publishers, and licensees/contractors of urban local bodies accountable for political advertisements published on outdoor media. 12 April ...

  24. What is the Representation of the People Act 1950?

    The Representation of the People Act 1950 lays down. Procedures for delimitation of constituencies. Procedure for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States. For the preparation of electoral rolls and the manner of filling seats. The qualification of voters.