Election Laws in India

About

·   Election laws are the constitutional and statutory provisions that regulate the conduct of elections, preparation of electoral rolls, qualifications and disqualifications of candidates, election offences, corrupt practices, political parties, and resolution of election disputes. They aim to ensure free, fair, transparent, and inclusive elections in India.

·       Articles 81 and 170 of the Constitution provide for the maximum number of seats in the Lok Sabha and State Legislative Assemblies, respectively.

·       Article 171 provides for the maximum and minimum number of seats in a State Legislative Council. Thus, these provisions determine the allocation of seats to elected representatives in the Lok Sabha, State Legislative Assemblies, and Legislative Councils.

·       The Act empowers the President, in consultation with the Election Commission, to determine and delimit the number and boundaries of constituencies for electing members to the Lok Sabha, State Legislative Assemblies, and Legislative Councils.

·       It also provides for the registration of electors for Lok Sabha and State Assembly and Legislative Council constituencies, along with the prescribed qualifications and disqualifications for such registration.

Major Election Laws

Representation of the People Act, 1950: The Representation of the People Act, 1950 (RPA 1950) primarily deals with the electoral machinery and voter-related matters.

Key Provisions

• Provides for the allocation of seats in the Lok Sabha and State Legislative Assemblies.
• Deals with the delimitation of constituencies.
• Provides for the qualification of voters and preparation and revision of electoral rolls.
• Provides for the registration of voters and electoral registration officers.

Example: Preparation and revision of electoral rolls for Lok Sabha and Assembly elections are governed primarily by the RPA, 1950.

Representation of the People Act, 1951: The RPA 1951 is the principal law governing the actual conduct of elections.

Key Provisions

• Regulates the conduct of elections to Parliament and State Legislatures.
• Prescribes qualifications and disqualifications for membership.
• Provides rules relating to nomination, polling, counting, and election disputes.
• Defines corrupt practices and electoral offences.
• Provides for disqualification on conviction for certain offences.
• Regulates election expenditure and related disclosures.
• Provides for election petitions before High Courts.

Example: If an elected representative is convicted of an offence attracting statutory disqualification, the RPA, 1951 provides the legal framework for determining the consequences.

Election Symbols (Reservation and Allotment) Order, 1968

• The Election Commission of India issued this Order to regulate the recognition of political parties and reservation and allotment of election symbols.
• It provides the criteria for recognizing parties as National or State Parties.
• It also regulates the allocation of reserved and free symbols to political parties and candidates.

When a political party splits into two factions, the Election Commission of India (ECI) has the authority to decide which faction is entitled to the existing/reserved election symbol.

·   The ECI decides the dispute under the Election Symbols (Reservation and Allotment) Order, 1968, particularly Para 15.

·   It considers factors such as majority support among elected representatives and organizational support to determine which faction represents the original party.

·   The faction recognized as the legitimate party is generally entitled to the original reserved symbol, while the other faction may be allotted a different symbol.

Example: In the Shiv Sena symbol dispute (2023), the ECI recognized the Eknath Shinde faction as the legitimate Shiv Sena and allotted it the bow and arrow symbol.

Presidential and Vice-Presidential Elections Act, 1952

• Regulates elections to the offices of the President and Vice-President of India.
• Provides for matters relating to nomination, polling, counting, and election disputes.
• These elections are conducted through proportional representation by means of the Single Transferable Vote (STV).

·       1997 key figures: Presidential election — 50 proposers + 50 seconders; Vice-Presidential election — 20 proposers + 20 seconders; security deposit increased to ₹15,000.

Delimitation Acts

·       Articles 82 and 170 provide for the readjustment of seats and delimitation of territorial constituencies for the Lok Sabha and State Legislative Assemblies, respectively, after each Census, as provided by law.

·       Articles 330 and 332 of the Constitution provide for the readjustment of the number of seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies, respectively.

• Parliament has enacted Delimitation Acts from time to time to facilitate the readjustment of electoral constituencies.
• Delimitation is carried out by an independent Delimitation Commission constituted under the relevant law.
• The Commission’s orders have the force of law and generally cannot be challenged in court.

Example: The Delimitation Commission constituted under the Delimitation Act, 2002 carried out the delimitation exercise that was implemented before the 2009 Lok Sabha elections.

Registration of Political Parties

• Political parties are registered with the Election Commission of India under Section 29A of the RPA, 1951.
• A registered party can subsequently obtain recognition as a State Party or National Party if it satisfies the prescribed electoral criteria.
• Registration enables parties to participate formally in the electoral process and seek election symbols subject to applicable rules.

Model Code of Conduct (MCC)

• The Model Code of Conduct is a set of guidelines issued by the Election Commission to regulate the behaviour of political parties and candidates during elections.
• It promotes free and fair elections by preventing misuse of official machinery, bribery, intimidation, and inflammatory campaigning.
• Unlike the RPA, it is not a standalone statutory law, although some of its provisions overlap with enforceable election laws.

Example: After the MCC comes into force, Ministers cannot use official machinery or government resources for campaigning.

Other Election-Related Acts

·       Parliament (Prevention of Disqualification) Act, 1959: Specifies certain offices of profit that do not disqualify a person from being chosen as or continuing as a Member of Parliament, thereby providing exemptions from disqualification under Article 102.

·       Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976: Amended the constitutional SC and ST lists for various States and Union Territories, thereby determining which communities are eligible for the reserved seats and other constitutional safeguards available to SCs and STs.

·       Union Territories Act, 1963: Provides for Legislative Assemblies and Councils of Ministers in certain Union Territories and lays down provisions relating to their composition and functioning.

·       Government of National Capital Territory of Delhi Act, 1991: Provides the framework for the Legislative Assembly and Council of Ministers of Delhi, including provisions relating to the Assembly’s composition, elections, powers, and functioning.

Major Areas Regulated by Election Laws

·   Electoral Rolls: Election laws provide for the preparation, revision, correction, and maintenance of electoral rolls to ensure that eligible citizens can exercise their right to vote.

·   Candidate Qualifications: Laws prescribe minimum qualifications and disqualifications for candidates contesting Parliament and State Legislature elections.

·   Election Campaign: Campaign expenditure, corrupt practices, bribery, undue influence, and certain forms of campaigning are regulated under election laws.

·   Election Expenditure: Candidates are required to maintain accounts of election expenditure and submit them within the prescribed period.

·   Corrupt Practices: Bribery, undue influence, appeal to voters on certain prohibited grounds, and other specified practices may constitute corrupt practices.

·   Election Disputes: Election disputes are generally challenged through election petitions before the High Courts under the RPA, 1951.

Disqualification under Election Laws

A person may be disqualified from contesting or continuing as a Member of Parliament or State Legislature on grounds such as:

• Holding an office of profit under the government, subject to constitutional exceptions.
• Unsoundness of mind declared by a competent court.
• Undischarged insolvency.
• Foreign citizenship or allegiance to a foreign State.
• Conviction for certain offences under the RPA, 1951.
• Corrupt practices in connection with elections.
• Failure to lodge election expenditure accounts within the prescribed period.

Important Judicial Interventions

·   Association for Democratic Reforms v. Union of India (2002): The Supreme Court directed candidates to disclose information regarding their criminal antecedents, educational qualifications, and assets and liabilities, strengthening voters’ right to know.

·   Lily Thomas v. Union of India (2013): The Supreme Court struck down the protection provided by Section 8(4) of the RPA, 1951, holding that an MP or MLA convicted of an offence attracting disqualification is disqualified immediately upon conviction, subject to the legal remedies available against the conviction.

·   PUCL v. Union of India (2013): The Supreme Court directed the introduction of NOTA (None of the Above) to allow voters to reject all candidates while maintaining ballot secrecy.

FAQs

Q1. Which Act primarily deals with electoral rolls?
Ans: The Representation of the People Act, 1950.

Q2. Which Act governs the conduct of elections to Parliament and State Legislatures?
Ans: The Representation of the People Act, 1951.

Q3. Under which Section are political parties registered with the ECI?
Ans: Section 29A of the RPA, 1951.

Q4. Where are election disputes generally filed?
Ans: Before the High Court through an election petition.

Q5. Which case established the immediate disqualification of convicted MPs and MLAs?
Ans: Lily Thomas v. Union of India (2013).