Representation of the People Act, 1951
Act of the Parliament of India
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Through Constitution of India, Supreme Court of India and Lok Sabha
Background
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.
The basic qualification to represent the people is Indian citizenship and eligibility to vote under the Representation of the People Act, 1950.
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Amendments
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.
- The Representation of the People (Amendment and Validation) Act, 2013.
- The Representation of the People (Amendment) Bill, 2016, introduced in the Lok Sabha.
Application to constitutional offices
Registration of political parties is governed by Section 29A of this Act.
President
The Supreme Court of India decides disputes relating to presidential elections under Article 71 of the Constitution.
Vice president
Similar provisions apply to the Vice-President of India under Article 71.
Prime minister
The prime minister must remain qualified as a member of Parliament under this Act.
Speaker
The Speaker of the Lok Sabha may be disqualified if they cease to meet eligibility under the Act.
Supreme Court rulings and RPA
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.
A subsequent ruling also restricted convicted legislators from contesting elections.
Office of Profit
Elected representatives cannot hold an office of profit under Section 9(A) of the Act and Articles 102 and 191 of the Constitution.
Section 8
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.
As of recent proceedings, the Supreme Court has examined petitions regarding lifetime bans on convicted legislators.
Some notable cases and instances
Indira Gandhi's election was set aside by the Allahabad High Court, leading to major constitutional developments.
Umlesh Yadav was disqualified by the Election Commission of India for suppression of election expenses.
Rahul Gandhi was disqualified following conviction in a criminal defamation case under Section 8(3), later reinstated after a stay by the Supreme Court.
Provisions
The Act regulates political funding and requires disclosure of contributions above ₹20,000.