Representation of the People Act

Background and evolution

The Constitution sets out the broad framework of elections—universal adult franchise (Article 326), the Election Commission (Article 324) and Parliament's power to make election laws (Article 327). The details were left to Parliament, which passed two laws before the first general election of 1951–52. The Representation of the People Act 1950 provided for the allocation of seats in Parliament and state legislatures, the delimitation of constituencies, and the preparation of electoral rolls. The 1951 Act provided for the actual conduct of elections, the qualifications and disqualifications of members, corrupt practices and the resolution of election disputes.

Both laws have been amended many times as electoral politics changed—to reduce the voting age, regulate party finances, require candidates to disclose criminal and financial records, and introduce electronic voting machines and voter-verifiable paper audit trails.

Key features and provisions

• 1950 Act: allocation of seats; delimitation orders; qualifications to be registered as a voter; Chief Electoral Officers and Electoral Registration Officers.
• 1951 Act—qualifications: for example, a Lok Sabha candidate must be a voter in any parliamentary constituency in India.
• Disqualification on conviction (Section 8): conviction for certain offences, or any offence with a sentence of two years or more, disqualifies a person from the date of conviction until six years after release.
• Corrupt practices (Section 123): bribery, undue influence, appeals on grounds of religion, race, caste, community or language, promoting enmity, booth capturing and exceeding expenditure limits.
• Party registration (Section 29A): registration of political parties with the Election Commission; Section 29C requires reporting of donations above ₹20,000.
• Candidates: can contest from at most two constituencies (Section 33(7)); must file affidavits on criminal records, assets and education.
• Election petitions: heard by High Courts, with appeal to the Supreme Court.
• Silence period (Section 126): no public campaigning in the 48 hours before polls end.