Introduction
The Representation of the People Act, 1950 is a law enacted by the Parliament of India to regulate the electoral system at the national and state levels. It lays down the framework for delimitation of constituencies, allocation of seats, preparation of electoral rolls, and voter eligibility.
The Act focuses on the structural and administrative aspects of elections, while issues related to conduct of elections and corrupt practices are primarily dealt with under the Representation of the People Act, 1951.
Objectives of the Act
The Representation of the People Act, 1950 provides for:
- Allocation of seats to the Lok Sabha, State Legislative Assemblies, and State Legislative Councils
- Delimitation of constituencies for electoral purposes
- Qualifications and disqualifications of voters
- Preparation, revision, and correction of electoral rolls
- Manner of filling seats in legislatures
Allocation of Seats and Schedules under the Act
The Act contains four schedules dealing with the allocation of seats and electoral arrangements.
First Schedule
Provides for the allocation of seats to the States in the Lok Sabha and reservation of seats for Scheduled Castes and Scheduled Tribes.
Second Schedule
Specifies the total number of seats in the Legislative Assembly of each State.
Third Schedule
Deals with the allocation of seats in the Legislative Councils of States.
Fourth Schedule
Specifies local authorities entitled to elect members to the Legislative Councils.
All seats in the Lok Sabha are filled by persons chosen through direct elections from territorial parliamentary constituencies.
Delimitation of Constituencies
Delimitation refers to the process of fixing or re-fixing the boundaries of territorial constituencies for elections to legislatures.
The task of delimitation is carried out by the Delimitation Commission, which is a high-powered statutory body. The orders of the Delimitation Commission have the force of law and cannot be challenged in any court. These orders come into effect on a date specified by the President of India.
In India, Delimitation Commissions have been constituted in the years 1952, 1963, 1973, and 2002. The primary function of the Commission is to redraw the boundaries of Lok Sabha and State Assembly constituencies based on the most recent census.
The delimitation orders are consolidated and implemented by the .
Constitutional Provisions Related to Delimitation
- Article 82
Provides that after every census, Parliament shall readjust the allocation of seats in the House of the People. - Article 170
Provides that after every census, Parliament shall readjust the composition of the Legislative Assembly of each State.
Qualifications and Disqualifications of Voters
A person shall be disqualified for registration in an electoral roll if he or she:
- Is not a citizen of India
- Is of unsound mind and has been so declared by a competent court
- Is disqualified from voting under any law relating to corrupt practices or other election-related offences
Additional safeguards under the Act include the following:
- No person shall be registered in more than one constituency
- No person shall be registered more than once in the same constituency
For registration as a voter, a person must:
- Be not less than 18 years of age on the qualifying date
- Be ordinarily resident in the constituency
Electoral Authorities under the Act
- Chief Electoral Officer
For each State, a Chief Electoral Officer is nominated or designated by the in consultation with the State Government.
The Chief Electoral Officer supervises the preparation and revision of electoral rolls, monitors compliance with the Model Code of Conduct, reviews the law and order situation during elections, and oversees the sealing and security of Electronic Voting Machines and election materials. - District Election Officer
A District Election Officer is designated by the Election Commission. The officer coordinates and supervises all election-related work in the district, particularly with respect to the preparation and revision of electoral rolls for parliamentary, assembly, and council constituencies. - Electoral Registration Officer
An Electoral Registration Officer is appointed for each constituency and is responsible for the preparation, revision, and correction of the electoral roll. - Returning Officer
The Returning Officer is responsible for the conduct of elections in a constituency, including scrutiny of nomination papers and ensuring compliance with electoral procedures by candidates.
Electoral Roll
- An electoral roll is a comprehensive list of eligible voters for a particular constituency. It is prepared under the superintendence, direction, and control of the Election Commission of India.
- The electoral roll for a parliamentary constituency consists of the electoral rolls of all the assembly constituencies falling within that parliamentary constituency.
- A common electoral roll refers to a single voter list used for elections to the Lok Sabha, State Legislative Assemblies, and local bodies. The idea has been supported by the Election Commission of India and the Law Commission with the objective of reducing duplication and inconsistencies in voter data.
Election Laws (Amendment) Act, 2021 – Provisions Relevant to RPA 1950
The 2021 amendment introduced several changes affecting electoral rolls:
- Provision for linking electoral roll data with Aadhaar for identity verification
- Introduction of four qualifying dates for voter enrolment: January 1, April 1, July 1, and October 1
- Expansion of purposes for which premises may be requisitioned for elections
- Adoption of gender-neutral terminology by replacing the term “wife” with “spouse” in election laws
Role of the Judiciary
Civil courts have no jurisdiction to:
- Decide whether a person is or is not entitled to be registered in an electoral roll
- Question the legality of actions taken by an Electoral Registration Officer
Courts can take cognizance of offences related to electoral rolls only on a complaint made by the Election Commission or the Chief Electoral Officer of the State concerned.
