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Salient features of the Representation

of Peoples Act

Article 324 to 329 of Part

XV of the Constitution

deals with the electoral

system in our country.

Constitution allows

Parliament to make

provisions in all matters

relating to elections to the Parliament and State

Legislatures. In exercise of this power, the Parliament has

enacted laws like Representation of the People Act 1950

(RPA Act 1950), Representation of the People Act 1951

(RPA Act 1951) and Delimitation Commission Act of 1952.

In this article, let us focus on the salient features of the

Representation of Peoples Act : RPA Act 1950 and RPA Act

1951.

Representation of Peoples Act 1950 (RPA Act

1950)

Representation of Peoples Act 1950 (RPA Act 1950)

provides for the following :

1. Qualification of voters.

2. Preparation of electoral rolls.

3. Delimitation of constituencies.

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4. Allocation of seats in the Parliament and state

legislatures.

RPA Act 1950 Parts and Schedules

Part I : Preliminary

Part II : Allocation Of Seats And Delimitation Of

Constituencies

Part IIA : Officers

Part IIB : Electoral Rolls For Parliamentary

Constituencies

Part III : Electoral Rolls For Assembly Constituencies

Part IV Electoral Rolls For Council Constituencies

Part V General

The First Schedule Allocation of seats in the House of

the People

The Second Schedule Total number of seats in the

Legislative Assemblies

The Third Schedule Allocation of seats in the Legislative

Councils

The Fourth Schedule Local authorities for purposes of

elections to Legislative Councils

The Fifth Schedule [Repealed by the Government of

Union Territories Act, 1963]

The Sixth Schedule [Repealed by the Representation of

the People (Amendment) Act, 1956]

The Seventh Schedule [Repealed by the Representation

of the People (Amendment) Act]

Representation of Peoples Act 1951 (RPA Act

1951)

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Representation of Peoples Act 1951 is an act enacted by

the Indian provincial parliament before first general

elections. The People’s Representation act provides for the

actual conduct of elections in India. The act also deals with

details like qualification and disqualification of members of

both houses of Parliament (ie Loksabha and Rajyasabha)

and the state legislatures (ie. State Legislative Assembly

and State Legislative Council). Rules for the mode of

conduct of elections is highlighted in detail.

Highlights of RPA Act 1951

1. Actual conduct of elections.

2. Administrative machinery for conducting elections.

3. Poll.

4. Election offences.

5. Election disputes.

6. By-elections.

7. Registration of political parties.

The act is of special significance to the smooth functioning

of Indian democracy, as it checks the entry of persons with

criminal background into the representative

bodies. Representation of People’s Act 1951 was

amended many times, the major amendment being made

in 1966.

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[Salient features of the Representation of Peoples Act:

Specifically mentioned in Civil Service Mains GS Paper 2;

can also be asked for Prelims and Interview]

Salient features of the Representation of

People’s Act

Part 21 of the the Indian Constitution drafted by the

Constituent Assembly had mentioned for a provisional

parliament. The provisional parliament

enacted Representation of People’s Act 1951, so that

general elections could be conducted according to the

rules mentioned.

Citation is Article No 43 of 1951.

Representation of People’s Act contains 13 parts (2

parts added as amendments). Each part is divided into

different sections making it a total of 171 numbered

sections (including those sections which were repealed

later.).

The details of the parts in Representation of People

Act 1951 are as below:

1. PART I : PRELIMINARY.

2. PART II : QUALIFICATIONS AND

DISQUALIFICATIONS.

3. PART III : NOTIFICATION OF GENERAL ELECTIONS.

4. PART IV : ADMINISTRATIVE MACHINERY FOR THE

CONDUCT OF ELECTIONS.

5. PART IV A : REGISTRATION OF POLITICAL PARTIES.

6. PART V : CONDUCT OF ELECTIONS.

7. PART VA : FREE SUPPLY OF CERTAIN MATERIAL TO

CANDIDATES OF RECOGNISED POLITICAL PARTIES.

8. PART VI : DISPUTES REGARDING ELECTIONS.

9. PART VII : CORRUPT PRACTICES AND ELECTORAL

OFFENCES.

10. PART VIII : DISQUALIFICATIONS.

11. PART IX : BYE-ELECTIONS.

1. Essay

Paper

2. GS 1

Paper

3. GS 2

Paper

4. GS 3

Paper

5. GS 4

Paper

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Indian Polity Notes - Constitution,

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General Science Notes - Science and

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Current Affairs Notes - National and

international.

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Mains (Extra Topics)

12. PART X : MISCELLANEOUS.

13. PART XI : GENERAL.

Expressions not used in 1951 act, but listed in

Representation of the People Act 1950 (43 of 1950)

shall have the same meaning.

Chief Electoral Officer is mentioned in section 13A.

Corrupt practices are mentioned in section 123.

“Election” means an election to fill a seat or seats in

either House of Parliament or in the House or either

House of the Legislature of a State other than the State

of Jammu and Kashmir.

Download Representation of Peoples Act in PDF

Representation of Peoples Act 1950.

Representation of Peoples Act 1951.

Representation of Peoples Amendment Act 2010.

Why Representation of the People Act is in

news now?

The act, since is

pivotal in

preventing

criminals being

elected as

representatives, is

always quoted by

Supreme Court

and High Court in various judgments.

News: July 10, 2013: Supreme Court struck down Section

8(4) of the Representation of People’s (RP) Act

Details: A two-judge Supreme Court bench on July 10

struck down Section 8(4) of the Representation of People’s

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(RP) Act. Section 8(4) had provisions for convicted

lawmakers to hold on to their seats provided they filed an

appeal within three months of their conviction.

What is Section 8 of Representation of Peoples Act

1951 : Section 8 deals with Disqualification of

representatives on conviction for certain offences. This

section states that :

1 - A person convicted of an offence punishable under

certain acts of Indian Penal Code, Protection of Civil Rights

Act 1955, Unlawful Activities (Prevention) Act

1967, Prevention of Corruption Act 1988, Prevention of

Terrorism Act 2002 etc. shall be disqualified, where the

convicted person is sentenced to — (i) only fine, for a

period of six years from the date of such conviction; (ii)

imprisonment, from the date of such conviction and shall

continue to be disqualified for a further period of six years

since his release.

2 - A person convicted for the contravention of—(a) any law

providing for the prevention of hoarding or profiteering;

or (b) any law relating to the adulteration of food or drugs;

or (c) any provisions of the Dowry Prohibition Act, 1961.

3 - A person convicted of any offence and sentenced to

imprisonment for not less than two years [other than any

offence referred to in sub-section (1) or sub-section (2)]

shall be disqualified from the date of such conviction and

shall continue to be disqualified for a further period of six

years since his release.

4 - Notwithstanding anything 8[in sub-section (1), sub-

section (2) or sub-section (3)] a disqualification under

either subsection shall not, in the case of a person who on

the date of the conviction is a member of Parliament or the

Legislature of a State, take effect until three months have

elapsed from that date or, if within that period an

appeal or application for revision is brought in respect

of the conviction or the sentence, until that appeal or

application is disposed of by the court.

The stroked-through portion above was the controversial

Section 8(4) clause of the Representation of Peoples Act

which was struck down by the Supreme Court calling the

Act ultra-vires of the Constitution and providing for

disqualification of MPs/MLAs on the day of their conviction.

News: July 2013: SC upholds Patna High Court judgment

debarring persons in judicial and police custody from

contesting elections (Section 62 (5) of the

Representation of the People Act 1951).

Details : Convicted or not, rule applies to those in jail and

police custody; not applicable to those out on bail.

The Bench said: “We have heard counsel for the [political]

parties and we do not find any infirmity in the findings of

the High Court in the impugned common order that a

person who has no right to vote by virtue of the provisions

of Section 62 (5) of the Representation of the People Act

1951 is not an elector and is therefore not qualified to

contest the election to the House of the People or the

Legislative Assembly of a State.”

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Also see:

1. Indian Companies Act 2013 : Salient Features

2. Election to Rajya Sabha : The Procedure

3. Parliament (Articles 79-88/122)

4. The President of India (Articles 52-62)

5. Schedules of Indian Constitution

6. The Vice-President Of India (Articles 63-73)

7. Fundamental Duties : Part IVA (Article 51A)

8. Governor of States (Article 152-162)

9. Officers, Conduct of Business and Disqualification

of MPs (Articles 89-106/122)

10. Constitution of India : List of All Articles (1-395)

and Parts (1-22)

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You are here: Home › Polity › Salient features of the Representation

of Peoples Act

Last updated on April 2nd, 2014 ClearIAS.com | Filed under: Polity and

tagged with: Representation of Peoples Act, UPSC Civil Services Mains

Paper 3, UPSC Mains General Studies Paper 2 (GS2)

7 Responses to "Salient features

of the Representation of Peoples

Act"

anakin says:

September 1, 2013 at 12:06 pm

very helpful

Reply

T.Elango says:

September 9, 2013 at 6:38 pm

Very useful…………..

Reply

Nikita says:

September 16, 2013 at 9:32 am

Great!

Reply

Arjun says:

September 20, 2013 at 6:43 pm

I love you !

Reply

francis says:

September 21, 2013 at 10:00 am

productive

Reply

Ashwini Bhat says:

October 23, 2013 at 2:40 pm

very precise

Reply

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qweryu says:

February 19, 2014 at 10:04 pm

good

Reply

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