Representation of the People Act, 1951
| Representation of People Act, 1951 | |
|---|---|
 | |
| Parliament of India | |
| Citation | Act No. 43 of 1951 |
| Territorial extent | Whole of India |
| Enacted by | Parliament of India |
| Commenced | 17 July 1951 |
| Related legislation | |
| The Representation of People Act, 1950 | |
| Status: In force | |
The Representation of the People Act, 1951 is an Act of the Parliament of India that provides for the conduct of elections to the Houses of Parliament and to the Houses of the legislatures of each state, the qualifications and disqualifications for membership, corrupt practices and electoral offences, and the resolution of election disputes. It was introduced in Parliament by law minister Dr. B. R. Ambedkar. The Act was enacted by the provisional Parliament under Article 327 of the Constitution of India, before the first general election.[1][2]
Background
[edit]An elected Constituent Assembly was set up on 9 December 1946 to frame the Constitution of India. Most provisions of the Constitution came into force on 26 January 1950, known as Republic Day. Transitional provisions under Part XXI enabled the functioning of a provisional Parliament, which enacted this Act for the first general elections held in 1951–52.[3]
The basic qualification to represent the people is Indian citizenship and eligibility to vote under the Representation of the People Act, 1950.[4]
Amendments
[edit]The Act has been amended several times. Notable amendments include:
- The Representation of the People (Amendment) Act, 1966, which abolished election tribunals and transferred election petitions to the High Courts of India, with appeals lying to the Supreme Court of India.[5]
- The Representation of the People (Amendment and Validation) Act, 2013.[6]
Application to constitutional offices
[edit]Registration of political parties is governed by Section 29A of this Act.[8]
President
[edit]The Supreme Court of India decides disputes relating to presidential elections under Article 71 of the Constitution.[9]
Vice president
[edit]Similar provisions apply to the Vice-President of India under Article 71.
Prime minister
[edit]The prime minister must remain qualified as a member of Parliament under this Act.
Speaker
[edit]The Speaker of the Lok Sabha may be disqualified if they cease to meet eligibility under the Act.[10]
Supreme Court rulings and RPA
[edit]In Lily Thomas v. Union of India (2013), the Supreme Court struck down Section 8(4) of the Act, making disqualification of convicted legislators immediate.[11]
A subsequent ruling also restricted convicted legislators from contesting elections.[12]
Office of Profit
[edit]Elected representatives cannot hold an office of profit under Section 9(A) of the Act and Articles 102 and 191 of the Constitution.[13]
Section 8
[edit]Section 8 deals with disqualification upon conviction for certain offences. The Supreme Court in Lily Thomas v. Union of India (2013) held that disqualification is immediate upon conviction.[14]
As of recent proceedings, the Supreme Court has examined petitions regarding lifetime bans on convicted legislators.[15]
Some notable cases and instances
[edit]Indira Gandhi's election was set aside by the Allahabad High Court, leading to major constitutional developments.[16]
Umlesh Yadav was disqualified by the Election Commission of India for suppression of election expenses.[17]
Rahul Gandhi was disqualified following conviction in a criminal defamation case under Section 8(3), later reinstated after a stay by the Supreme Court.[18]
Provisions
[edit]The Act regulates political funding and requires disclosure of contributions above ₹20,000.[19]
References
[edit]- ^ "The Representation of the People Act, 1951". India Code. Retrieved 13 December 2019.
- ^ Austin, Granville (1966). The Indian Constitution: Cornerstone of a Nation. Oxford University Press. pp. 308–310.
- ^ Chandra, Bipan (2008). India Since Independence. Penguin Books. pp. 179–182.
- ^ "Representation of the People Act, 1950". India Code. Retrieved 17 December 2019.
- ^ Basu, Durga Das (2015). Introduction to the Constitution of India. LexisNexis. p. 384.
- ^ "The Representation of the People (Amendment and Validation) Act, 2013". India Code. Retrieved 21 September 2016.
- ^ "Right to recall will keep MPs, MLAs on their toes". Hindustan Times. 1 March 2017.
- ^ "Section 29A, Representation of the People Act, 1951". India Code.
- ^ Seervai, H. M. (1996). Constitutional Law of India. Universal Law Publishing.
- ^ "Aadhaar Act as Money Bill: Judicial Review". The Wire.
- ^ "Supreme Court verdict on disqualifying netas". Firstpost.
- ^ "A quick U-turn?". The Hindu.
- ^ "Disqualification of MLAs in office of profit cases". DNA India.
- ^ "Section 8, Representation of the People Act, 1951". Indian Kanoon.
- ^ "Govt questions plea for life ban on convicted politicians". The Hindu.
- ^ Noorani, A. G. (2001). Constitutional Questions in India. Oxford University Press.
- ^ "Paid news claims its price". The Hindu.
- ^ "SC stays Rahul Gandhi's conviction". The Hindu.
- ^ "Political funding reforms". The Wire.