April 1, 2019

Election Laws in India

Contents

Representation of the People Act, 1950

Articles 81 and 170 of the Constitution of India lay down the maximum number of seats in Parliament and in Legislative Assemblies of States.
Article 171 of the Constitution of India lays down the maximum and minimum number of seats in the Legislative Council of a State.
It also specifies the various methods in which the seats shall be filled.
The actual number of seats to be filled by each such method has been left to be provided by law.
Representation of the People Act, 1950, was enacted to provide for the allocation of seats.
President gets the power to delimit various constituencies, after consultation with the Election Commission.
The Act further provided for the registration of electors for Constituencies and disqualifications for such registration.
A special provision has been included for relaxation of the persons who migrated before July 1949, to India from the territory of Pakistan.

Election Laws in India

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It was provided for the allocation of seats in and the delimitation of constituencies for elections
It provides qualifications of voter and the preparations of electoral rolls.
The provisions for the actual conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State.
The qualifications and disqualifications of membership of these Houses.
Corrupt practices and other election offenses, and the decision of election disputes were all left to be made in a subsequent measure.

Election Laws in India

Articles 82 and 170 of the Constitution of India provide for readjustment and the division of each State into territorial constituencies in such manner as Parliament may, by law, determine.
Articles 330 and 332 of the Constitution of India provide for re-fixing the number of seats reserved for SCs and STs.
The present delimitation of Parliamentary and Assembly constituencies is based on the 1971 census.
Delimitation Commission re-fixed the number of seats for the SCs and STs on the basis of the 2001 census, without affecting total number of seats based on the 1971 census.
84th amended, 2002 froze the no. of constituencies till the first census after 2026.
Commission is a powerful and independent body whose orders cannot be challenged in a court of law.
Delimitation commissions have been set up four times in the past – 1952, 1963, 1973 and 2002.

Registration of electors Rules, 1960 provide for the preparation and publication of electoral rolls.
Conduct of Elections Rules, 1961 facilitates conduct of fair and free elections to the Parliament and State Legislatures.
Prohibition of Simultaneous Membership Rules, 1950
Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985.
Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985.
Presidential and Vice-Presidential Elections Rules, 1974
Members of Lok Sabha (Declaration of Assets and Liabilities) Rules, 2004.
Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004.

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Election Symbols (Reservation and Allotment) Order, 1968 provides for the specification, reservation, choice and allotment of symbols at elections.
Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992.