Katana VentraIP

Representation of the People Act, 1951

The Representation of the People Act, 1951 is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. It was introduced in Parliament by law minister Dr. B.R. Ambedkar. The Act was enacted by the provisional parliament under Article 327 of Indian Constitution, before the first general election.[1]

The Representation of People Act, 1951

Act No. 43 of 1951

Whole of India

Parliament of India

17 July 1951

Background[edit]

An elected constituent assembly was set up on 9 December 1946 to frame the constitution. Most of the articles of the constitution came into force on 26 January 1950, commonly known as the Republic Day. Part XXI of the constitution contained the transitional provisions. Articles 379 and 394 of Part XXI which contained provisions for provisional parliament and other articles which contained provisions like citizenship, came into force on 26 November 1949, the date on which the constitution was adopted. The provisional parliament enacted the Act vide Act No.43 of 1951 for the first general election conducted on 25 October 1951. The basic qualification to represent the people is Indian citizenship and not disqualified to vote under section 16 of the Representation of People Act, 1950 read with Part II and VII of this act.[2]

the Representation of the People (Amendment) Act, 1966 (47 of 1966), which abolished the election tribunals and transferred the election petitions to the whose orders can be appealed to Supreme Court.[3] However, election disputes regarding the election of President and Vice-President are directly heard by the Supreme Court.[4]

high courts

the Representation of the People (Amendment and Validation) Act, 2013 (29 of 2013)

[5]

The act has been amended several times, but some of the notable amendments include


The Representation of the People (Amendment) Bill, 2016 was introduced by Varun Gandhi in Lok Sabha.[6]

Upon ceasing to possess the requisite qualifications to be a member of subject to this Act.

Parliament

Former Prime Minister had announced that the government had issued notifications for registration of overseas Indian electors under the Representation of People Act, 1950 to enable Indians resident abroad to participate in elections.[13]

Manmohan Singh

Former state cabinet minister, , was booked under Section 123 of the act for bribing voters after the police seized 183 cases of liquor from the vehicles.[14]

Jagir Kaur

The Allahabad high court invalidated found , who was the then Prime Minister, guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her from her seat in the Lok Sabha representing Rae Bareilly constituency. The court also banned her from contesting any election for an additional six years. This resulted in declaration of emergency and amendments were made in the constitution to validate the election.

Indira Gandhi

is the first politician to be disqualified by the Election Commission of India for a period of three years for suppression of her election expenses incurred when she was elected as an MLA to the Bisauli constituency in the 2007 Uttar Pradesh state assembly elections.[15][16][17]

Umlesh Yadav

Two members, Bajrang Bahadur Singh and Uma Shankar Singh, were disqualified in January 2015 due to holding government contracts.[10]

Uttar Pradesh Legislative Assembly

As part of the , she became in 2014 the first Chief Minister to be disqualified from office.[18]

disproportionate assets case against Jayalalithaa

Madhya Pradesh Cabinet Minister Narottam Mishra disqualified for three years by Election commission of India for providing wrong information to EC on expenses incurred during the polls under section 10A of the Representation of the People Act, 1951, to be read with Sections 77 and 78 of the Act.

[19]

On 19 December 2023, The convicted K. Ponmudy in Disproportionate assets case for amassing assets during his tenure as minister for Mines and Minerals in 2006–2011 DMK Government in Tamil Nadu. On 21 December 2023, He and his wife were sentenced to three years imprisonment as well as to a fine of ₹50 lakhs each by the Madras High Court. As a result, Ponmudi was disqualified as an MLA and minister.[20][21]

Madras High Court

Provisions[edit]

The Act allows cash donations of any amount but it states in section 29C that any contributions above ₹20,000 (US$240) to political parties are to be reported.[22]

Rajya Sabha

Representation of the People Act

MPID Act