Representation of the People Act, 1950 provides for allocation of seats in Lok Sabha, State Legislative Assemblies, and State Legislative Councils. Important topic for UPSC Polity and Governance.

Representation of the People Act, 1950 is a cornerstone of India’s electoral framework. It lays down the rules for allocation of seats, delimitation of constituencies, and preparation of electoral rolls. For students of polity and UPSC aspirants, understanding this Act is crucial to grasp how Parliamentary and State Assembly elections are structured in India.

Overview of the Representation of the People Act, 1950

• Articles 81, 170, and 171 of the Constitution provide the constitutional framework for allocation of seats, but the detailed provisions were enacted through this Act.
  • Article 81 & 170: Define the maximum number of seats in Lok Sabha and State Legislative Assemblies, and outline principles for allocation of seats, leaving exact numbers to be decided by law.
  • Article 171: Specifies the composition of State Legislative Councils, including maximum and minimum seats and methods of filling them, but empowers the law to fix actual numbers.

• Allocation of Seats Under the Act

  • The Act provides for the allocation of seats in Lok Sabha and State Assemblies and Councils.
  • Population of States as of 1st March 1950 served as the basis for determining the number of seats.
  • The President of India, in consultation with the Election Commission, was empowered to delimit constituencies for elections.

• Provisions for Registration of Electors

  • The Act set out rules for registration of electors for both Parliamentary and State constituencies.
  • It clearly defined the qualifications and disqualifications for voter registration.

  • Special Provision for Displaced Persons

    • Relaxation of residence requirement was granted for persons displaced from Pakistan who migrated to India before 25th July 1949.

• Electoral Rolls and Revision

  • The Act laid down the framework for preparation of electoral rolls for all constituencies.
  • It specified the validity period of rolls and procedures for their revision and correction under special circumstances.
  • Some groundwork for electoral rolls had already been carried out by the Constituent Assembly Secretariat before this Act was enacted.

Representation of the People Act, 1951 is a landmark legislation in Indian electoral law. Unlike the Representation of the People Act, 1950, which dealt mainly with allocation of seats, delimitation of constituencies, and voter rolls, this Act lays down the entire framework for the conduct of elections. For UPSC aspirants and polity students, studying this Act is crucial to understanding how democratic elections are organised, regulated, and safeguarded in India.

Overview of the Representation of the People Act, 1951

• The Act was enacted to cover provisions that were left out of the Representation of the People Act, 1950.
  • The 1950 Act only focused on seat allocation, delimitation, voter qualifications, and electoral rolls.
  • The 1951 Act provides the legal framework for actual conduct of elections, membership rules, election offences, and dispute resolution.

• Main Provisions of the Act

  • (i) Qualifications and Disqualifications: The Act specifies the eligibility criteria and grounds for disqualification for membership of Parliament and State Legislatures.
  • (ii) Notification of General Elections: The Act outlines the procedure for official notification of elections to Lok Sabha and State Legislatures.
  • (iii) Administrative Machinery: It provides for the appointment of officials and mechanisms for smooth conduct of elections.
  • (iv) Registration of Political Parties: The Act empowers the Election Commission to regulate recognition and registration of political parties.
  • (v) Conduct of Elections: It lays down the detailed procedures for election campaigns, polling, and counting.
  • (vi) Free Supply of Material: Candidates of recognised political parties are entitled to free supply of specific electoral materials.
  • (vii) Election Disputes: The Act specifies how election petitions and disputes are to be adjudicated.
  • (viii) Corrupt Practices and Offences: It defines corrupt practices, malpractices, and electoral offences, and prescribes penalties for violations.