Representation of People Act

The Representation of People Act, a pivotal legislative framework in democratic nations like India, serves as the cornerstone of electoral processes. Enacted to ensure fairness, transparency, and inclusivity in the electoral system, this act delineates the rights, responsibilities, and qualifications of both candidates and voters. Aspiring to delve into the depths of this significant legislation, this blog aims to unravel the intricacies of the Representation of People Act, shedding light on its historical context, core provisions, and enduring impact on the democratic fabric of the nation.

This legislation aims to regulate the allocation of seats and the demarcation of electoral constituencies for elections to the House of the People and State Legislatures. It also outlines the eligibility criteria for voters, procedures for electoral roll preparation, methods for filling seats in the Council of States allocated to Union territories, and related matters.

Key Provisions

• This act establishes the processes for delineating the boundaries of electoral constituencies. It outlines the methodological steps and criteria involved in determining these boundaries.
• It dictates the distribution of seats in the House of the People, as well as in the Legislative Assemblies and Legislative Councils of States. This allocation process is essential for ensuring proportional representation and equitable political participation.
• The act prescribes the protocols for compiling electoral rolls, which serve as the official lists of eligible voters. It specifies the procedures for updating these rolls and ensuring their accuracy, which is crucial for maintaining the integrity of the electoral process.
• Act defines the qualifications that individuals must meet in order to be eligible to vote in elections. These qualifications typically encompass factors such as citizenship, age, and residency status, ensuring that only eligible individuals participate in the democratic process.

Delimitation Provision

Delimitation refers to the process of establishing boundaries for territorial constituencies within a country or province with a legislative body. In India, the Delimitation Commission, a highly authoritative body, is tasked with this responsibility. Its decisions hold legal authority and are not subject to challenge in any court. These decisions become effective upon a date specified by the President of India.

India has established Delimitation Commissions on four occasions: in 1952, 1963, 1973, and 2002. The primary role of these commissions is to redraw the boundaries of legislative assemblies and Lok Sabha constituencies based on recent census data. Once the Delimitation Commission completes its work, the Election Commission consolidates its orders into a single document known as the Delimitation of Parliamentary and Assembly Constituencies Order.

Electoral Rolls

The 1950 Act allows for the inclusion of individuals in electoral rolls who are considered ordinarily resident in a constituency, along with those holding specific qualifications:

• Individuals with service qualifications, such as members of the armed forces or armed police force of a state serving outside the state, or government employees stationed overseas.
• Individuals holding certain designated offices in India, as determined by the President in consultation with the Election Commission of India.
• Additionally, the spouses of such qualified individuals are also considered ordinarily resident in India. There is a proposal to amend certain provisions to be gender-neutral, replacing the term ‘wife’ with ‘spouse’.

Electoral Offices

Chief Electoral Officer (CEO):
Each state shall have a Chief Electoral Officer (CEO) appointed or designated by the Election Commission of India in consultation with the state government. The CEO’s primary duties include overseeing the preparation, revision, and correction of electoral rolls in the state. Additionally, they are responsible for monitoring adherence to the Model Code of Conduct, submitting daily reports to the Election Commission, ensuring compliance with election regulations by candidates and political parties, reviewing the law and order situation, and supervising the sealing of Electronic Voting Machines and election papers.

District Election Officer:
The Election Commission appoints or designates a District Election Officer, who is typically a government official. The Commission specifies the jurisdiction of each officer. The primary role of the District Election Officer is to coordinate and supervise all activities related to the preparation and revision of electoral rolls for parliamentary, assembly, and council constituencies within the district. They may also undertake additional duties delegated by the Election Commission and the Chief Electoral Officer.

Electoral Registration Officer:
In consultation with the state government, the Election Commission appoints or designates an Electoral Registration Officer for each constituency. The Electoral Registration Officer is responsible for preparing and revising the electoral roll for the respective constituency.

Returning Officer:
The Returning Officer (RO) is responsible for overseeing elections in a specific constituency. Their key responsibilities include receiving and scrutinizing nomination papers of candidates, ensuring the correctness of all necessary documents and forms submitted by candidates, and other related election duties.

Election offence

• Any form of offering rewards or incentives to voters in exchange for voting or abstaining from voting, as well as providing inducements to candidates for withdrawing or not withdrawing their nomination, is considered a corrupt practice.
• This encompasses any direct or indirect interference by the candidate or their election agent that hinders the free exercise of electoral rights.
• Additionally, making appeals to vote or refrain from voting based on factors such as religion, race, caste, community, or language is deemed corrupt.
• Promoting animosity or hostility between different groups of citizens based on religion, race, caste, community, or language is also considered a corrupt practice.
• The endorsement or glorification of the practice of sati, or any false statement regarding the personal character or conduct of a candidate, falls under corrupt practices.
• Other examples include the illegal seizure of polling booths by a candidate, their agent, or any other individual, and soliciting assistance from government personnel to improve a candidate’s electoral prospects.

Election expenses

As per Section 77 of the Representation of the People Act, 1951, every candidate participating in elections for the House of the People or a State Legislative Assembly must maintain an accurate and distinct record of all expenses related to the election. These expenses must be incurred or approved either by the candidate personally or by their designated election agent.

Disqualification under Act

1. Section 8 outlines the disqualification of individuals convicted of specific offenses under various laws, including the Indian Penal Code, Protection of Civil Rights Act 1955, and Prevention of Corruption Act 1988. If convicted and fined, disqualification lasts for six years from the date of conviction. If imprisoned, disqualification extends for six years after release.
2. Another provision disqualifies those convicted of offenses like hoarding, food or drug adulteration, or violating the Dowry Prohibition Act 1961.
3. Additionally, individuals sentenced to imprisonment for two years or more (excluding offenses mentioned in previous clauses) face disqualification for six years after release.
4. The Supreme Court invalidated subsection 8(4) in 2013, which allowed convicted lawmakers to keep their seats if they appealed within three months of conviction.
5. In 2013, the Patna High Court also ruled that individuals in judicial or police custody cannot contest elections.

Issues

1. Misuse of Government Resources: The lack of clear provisions in the RPAs regarding the misuse of official resources during elections grants an unfair advantage to the ruling party. This leads to the misuse of public funds and government machinery to bolster the electoral prospects of certain candidates or parties.
2. Incomplete Asset Declarations: Despite the requirement for candidates to declare their assets and liabilities under the RPA Act, many fail to disclose all assets and provide inaccurate information regarding their financial status and educational qualifications.
3. Politicization of Election Commission: Despite efforts to establish the Election Commission of India (ECI) as an independent body, its financial dependence on the Union government allows political parties to influence it through monetary and coercive means, compromising its impartiality.
4. ECI’s Dual Responsibility: Due to the absence of an independent staff, the ECI relies on personnel from Central and State Governments during elections. This dual responsibility of administrative staff, serving both the government and the ECI, undermines the Commission’s impartial and effective functioning.

In conclusion, there are several crucial reforms needed to strengthen the electoral process in India. Firstly, similar restrictions on opinion polls should be imposed, mirroring the prohibition on exit polls to prevent any manipulation that could sway voter behavior. Secondly, false declarations in election affidavits should be explicitly criminalized under the Representation of the People Act, 1951, to uphold transparency and integrity in the electoral process. Thirdly, to ensure the complete independence of the Election Commission and mitigate the influence of bureaucratic interference, its funding should be drawn from the Consolidated Fund of India. Additionally, Parliament should address the issue of valid electors being erroneously delisted from electoral rolls, especially concerning remote and illiterate populations. Lastly, implementing state funding for elections would help reduce the undue influence of money in politics, promoting fair and democratic electoral practices. These reforms are imperative for upholding the sanctity of elections and preserving the democratic principles upon which our nation stands.