Election Laws in India
To conduct elections in a vast democracy like India, the Constitution provides only the framework — the “what.”
But the details of “how” elections are actually conducted are provided by various laws enacted by Parliament.
These are collectively called the Election Laws of India.
The two most important among them are:
- Representation of the People Act, 1950
- Representation of the People Act, 1951
Let’s understand each systematically.
⚖️ Representation of the People Act, 1950
📘 Purpose:
This Act deals mainly with the preparatory stage of elections — the groundwork that happens before voting actually takes place.
In simple terms:
🪶 RPA 1950 is about how constituencies and electoral rolls are created.
🧩 Background and Need:
- Articles 81 and 170 of the Constitution prescribe:
- The maximum number of seats in the Lok Sabha and State Legislative Assemblies, and
- The broad principles for distributing these seats among the States.
However, the actual allocation and delimitation (boundary drawing) of constituencies was left to Parliament by law — and that law is the Representation of the People Act, 1950.
Similarly,
- Article 171 lays down the composition of State Legislative Councils (Vidhan Parishads) — their size and the various categories from which members are elected — but the exact number of seats under each category was to be decided by law.
Hence, the RPA 1950 was enacted.
📜 Main Provisions of RPA 1950
- Allocation of Seats:
- Determines how many seats each State and Union Territory gets in the Lok Sabha, Legislative Assemblies, and Legislative Councils.
- Delimitation of Constituencies:
- Authorises the President to delimit constituencies (after consulting the Election Commission) for both Parliament and State Legislatures.
- Registration of Electors:
- Provides for the preparation, revision, and maintenance of electoral rolls.
- Specifies qualifications and disqualifications for registration as a voter.
- Appointment of Election Officers:
- Provides for Chief Electoral Officers, District Election Officers, and Electoral Registration Officers, etc.
- Elections to Council of States (Rajya Sabha):
- Lays down the manner of filling seats in Rajya Sabha from Union Territories.
- Local Authorities for Legislative Councils:
- Specifies which local bodies (like municipalities or panchayats) will form the electoral college for electing members to the State Legislative Council.
- Exclusion of Civil Court Jurisdiction:
- Civil courts cannot interfere in matters like electoral rolls or delimitation.
🧠 In summary:
The RPA 1950 deals with seats, constituencies, and voters — the foundation of the election process.
⚖️ Representation of the People Act, 1951
📘 Purpose:
While RPA 1950 handles pre-election arrangements,
the Representation of the People Act, 1951 (RPA 1951) deals with the actual conduct of elections — the step-by-step process from notification to result declaration, and everything that can go right or wrong during it.
So, you can remember it as:
🗳️ RPA 1950 → Before elections
🗳️ RPA 1951 → During and after elections
📜 Why a Separate Act Was Needed:
The Constitution and RPA 1950 did not include provisions for:
- Conducting elections,
- Qualifications/disqualifications of candidates,
- Corrupt practices, or
- Election disputes.
Hence, the RPA 1951 was enacted to cover these aspects.
🧩 Main Provisions of RPA 1951
1. Qualifications and Disqualifications
- Lays down who can become a member of Parliament or State Legislature.
- Also specifies disqualifications such as:
- Holding an office of profit,
- Being of unsound mind,
- Insolvency,
- Certain criminal convictions, etc.
2. Notification of General Elections
- Details how and when the President or Governor notifies general elections.
3. Administrative Machinery
- Describes the roles of officers such as Returning Officers, Presiding Officers, etc., for managing elections.
4. Registration of Political Parties
- Procedure for registering political parties with the Election Commission of India.
- This became especially important after 1989 due to the rise of regional parties.
5. Conduct of Elections
This section covers every operational detail of the polling process:
| Stage | Content |
|---|---|
| (a) | Nomination of candidates |
| (b) | Appointment of election agents |
| (c) | General procedure at elections |
| (d) | The polling process |
| (e) | Counting of votes |
| (f) | Multiple elections |
| (g) | Publication of election results |
| (h) | Declaration of assets and liabilities |
| (i) | Election expenditure and its limits |
6. Free Supply of Certain Materials
- Recognised political parties get free copies of electoral rolls and certain broadcast facilities to ensure fair campaigning.
7. Disputes Regarding Elections
- The Act provides for the presentation, trial, and disposal of election petitions.
- Election petitions are filed in the High Court, and appeals go to the Supreme Court.
8. Corrupt Practices and Electoral Offences
- Defines “corrupt practices” such as:
- Bribery,
- Undue influence,
- Booth capturing,
- False statements, etc.
- Specifies penalties for these offences.
9. Powers of the Election Commission
- Authorises the ECI to inquire into disqualifications and enforce election law.
10. Bye-Elections and Vacancies
- Procedures for holding bye-elections and timelines for filling vacant seats.
11. Miscellaneous Provisions
- Covers matters like election symbols, security deposits, etc.
12. Bar on Civil Courts
- Reiterates that civil courts cannot intervene in electoral matters.
🧠 In summary:
RPA 1951 operationalises the election — who can contest, how votes are cast, how disputes are handled, and how fairness is maintained.
📜Other Election Laws
🗺️ Delimitation Act, 2002
📘 Purpose:
To redraw constituency boundaries based on population changes recorded in the 2001 Census.
⚖️ Constitutional Basis:
- Article 82 → Readjustment of Parliamentary constituencies.
- Article 170 → Readjustment of Assembly constituencies.
- Articles 330 & 332 → Fixing the number of reserved seats for SCs and STs.
📍 Need for the 2002 Act:
- Earlier delimitation was based on the 1971 Census.
- Since then, population growth and rural-to-urban migration created unequal constituency sizes.
(For example, one constituency could have twice the voters of another.)
Hence, the Delimitation Act, 2002 established a Delimitation Commission to correct these imbalances and ensure equal representation.
📚 Other Acts Related to Elections
| Act | Purpose |
|---|---|
| Parliament (Prevention of Disqualification) Act, 1959 | Specifies certain “offices of profit” that do not disqualify MPs. |
| Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 | Revises SC/ST lists and adjusts representation accordingly. |
| Government of Union Territories Act, 1963 | Governs elections and legislatures of UTs. |
| Government of NCT of Delhi Act, 1991 | Regulates legislative functioning and elections in Delhi. |
| Presidential and Vice-Presidential Elections Act, 1952 | Lays down the procedure for elections to the offices of President and Vice-President. |
🧾 Rules Relating to Elections
| Rules | Purpose |
|---|---|
| Registration of Electors Rules, 1960 | Preparation and publication of electoral rolls. |
| Conduct of Elections Rules, 1961 | Procedures for fair and free conduct of elections. |
| Prohibition of Simultaneous Membership Rules, 1950 | Prevents one person from holding seats in both Parliament and State Legislature simultaneously. |
| Members’ Disqualification (Defection) Rules, 1985 | Implementation of the Tenth Schedule on defection. |
| Presidential and Vice-Presidential Elections Rules, 1974 | Detailed conduct of presidential elections. |
| Declaration of Assets and Liabilities Rules, 2004 | Requires MPs to declare assets for transparency. |
🗳️ Orders Related to Elections
| Order | Purpose |
|---|---|
| Election Symbols (Reservation and Allotment) Order, 1968 | Governs the reservation and allotment of symbols to political parties and candidates. |
| Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992 | Requires political parties to provide detailed particulars for registration with ECI. |
🧠 Summary
| Stage | Relevant Law | Main Focus |
|---|---|---|
| Pre-Election | Representation of the People Act, 1950 | Constituencies, electoral rolls, voters |
| During & Post-Election | Representation of the People Act, 1951 | Conduct, candidates, offences, disputes |
| Constituency Readjustment | Delimitation Act, 2002 | Redrawing constituency boundaries |
| Special Elections | Presidential & Vice-Presidential Elections Act, 1952 | Presidential/Vice-Presidential polls |
| Operational Rules | Conduct & Registration Rules, 1960–2004 | Practical procedures, transparency |
| Symbol & Party Orders | 1968 & 1992 Orders | Recognition, symbols, party registration |
🏁 Concluding Reflection
“The Constitution only lays the skeleton of elections —
these Acts give it flesh and life.”
Together, the Representation of the People Acts (1950 & 1951), the Delimitation Act, and related rules and orders form the complete legal framework that ensures India’s elections remain free, fair, and functional — the true foundation of our parliamentary democracy.