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The law governing the actual conduct of elections in India, including qualifications, disqualifications, corrupt practices and election disputes.
The Representation of the People Act, 1951 is the statute that governs how elections to Parliament and the state legislatures are actually conducted. It is the second of a pair: the 1950 Act deals with the allocation of seats, delimitation of constituencies and preparation of electoral rolls, while the 1951 Act covers everything that follows — the qualifications and disqualifications of candidates, the notification and conduct of elections, election expenses, corrupt practices and electoral offences, and the resolution of disputes arising from an election. It was enacted under Article 327, which empowers Parliament to make laws with respect to elections to the legislatures. In practice, this is the Act invoked whenever a candidate is disqualified, an election petition is filed or a campaign practice is challenged.
Type: LawQualifications and disqualifications — sets out who may contest and the grounds on which a person is barred from membership
Disqualification on conviction — Section 8 disqualifies a person convicted of specified offences, with the disqualification running from conviction and continuing for six years after release
Corrupt practices — Section 123 defines corrupt practices such as bribery, undue influence and appeals on grounds of religion, race, caste, community or language
Electoral offences — prescribes offences relating to the conduct of elections and campaigning
Election petitions — disputes about an election are decided by the High Court through an election petition, not by an ordinary civil suit
Registration of political parties — provides for registration of political parties with the Election Commission under Section 29A
Election expenditure — requires candidates to maintain and file accounts of election expenses
Frequency: Regularly asked in UPSC Prelims polity and appears in SSC and banking general awareness papers
| Aspect | RPA, 1950 | RPA, 1951 |
|---|---|---|
| Main subject | Preparation for elections | Conduct of elections and disputes |
| Covers | Allocation of seats, delimitation of constituencies, qualification of voters, preparation of electoral rolls | Qualifications and disqualifications of candidates, conduct of elections, corrupt practices, electoral offences, election petitions |
| Typical question it answers | Who can vote and from which constituency | Who can contest, how the election runs, and how a result is challenged |
| Constitutional basis | Article 327 | Article 327 |
Article 327
Empowers Parliament to make laws with respect to elections to Parliament and the state legislatures, the basis for both the 1950 and 1951 Acts
Section 8, RPA 1951
Disqualification on conviction for specified offences; disqualification continues for six years after release
Section 8(4), RPA 1951
Allowed a sitting legislator to continue pending appeal; struck down by the Supreme Court in Lily Thomas v Union of India (2013)
Section 29A, RPA 1951
Provides for registration of political parties with the Election Commission of India
Section 123, RPA 1951
Defines corrupt practices, including bribery, undue influence and appeals to religion, race, caste, community or language
This Act is the operating manual of Indian elections, and it is where the debate on criminalisation of politics is actually fought. Section 8 disqualifies a convicted person, but conviction in India can take many years, and until 2013 Section 8(4) allowed a sitting legislator to remain in office while an appeal was pending — a protection that effectively insulated incumbents. The Supreme Court's decision in Lily Thomas removed it, so a conviction now takes effect immediately on a sitting member. What the Act still does not do is bar a person merely charged with a serious offence, which is why reform proposals repeatedly focus on disqualification at the stage of framing of charges rather than conviction. The Act is also where campaign conduct is regulated: Section 123's definition of corrupt practices, particularly the bar on appeals to religion and caste, is the provision under which election results are challenged and campaign speech is tested.
Enacted 1951 under Article 327; governs the conduct of elections and election disputes
The 1950 Act covers electoral rolls, seat allocation and delimitation
Section 8: disqualification on conviction, continuing six years after release
Section 8(3): conviction with a sentence of two years or more disqualifies
Lily Thomas v Union of India (2013) struck down Section 8(4)
Section 29A: registration of political parties; Section 123: corrupt practices
Election petitions are decided by the High Court
The 1950 Act deals with the allocation of seats, delimitation of constituencies and preparation of electoral rolls. The 1951 Act deals with the actual conduct of elections, qualifications and disqualifications of candidates, corrupt practices and election disputes.
In 2013 the Supreme Court struck down Section 8(4) of the RPA, 1951, which had allowed a convicted sitting legislator to remain in office while an appeal was pending. Disqualification now takes effect immediately on conviction.
Under Section 8, the disqualification operates from the date of conviction and continues for a further six years after release.
An election may be challenged only by an election petition before the High Court, not by an ordinary civil suit.
Section 29A of the Representation of the People Act, 1951 provides for the registration of political parties with the Election Commission of India.