Election Laws in India

India's elections are not governed by the Constitution alone. While Part XV (Articles 324–329) provides the constitutional skeleton, a comprehensive legislative framework gives this structure operational life. The principal statutes are the Representation of the People Act, 1950, the Representation of the People Act, 1951, and the Delimitation Act, 2002.

Background and Purpose

Articles 81 and 170 of the Constitution prescribe the maximum seats in Parliament and state legislative assemblies and the principles for seat allocation, but delegate the actual allocation to law. Similarly, Article 171 lays down limits for state legislative councils, with the actual distribution left to statute. The RP Act, 1950 was enacted to fill this gap.

Key Provisions

1. Seat Allocation — Allocates seats in the Lok Sabha (House of the People) and state legislative assemblies and councils. Population figures as of 1st March 1950 were used as the basis.
2. Presidential Power of Delimitation — Empowers the President, in consultation with the Election Commission, to delimit constituencies for parliamentary and state legislature elections.
3. Electoral Rolls — Provides for registration of electors and preparation of electoral rolls for parliamentary, assembly, and council constituencies. Qualifications and disqualifications for registration are also laid down.
4. Special Provision for Displaced Persons — Relaxes the residence qualification for persons who migrated from Pakistan to India before 25 July 1949.
5. Filling Council of States Seats from Union Territories — Part IVA deals with the manner of filling such seats.

Structure of the Act

Schedules

• First Schedule — Allocation of seats in the Lok Sabha.
• Second Schedule — Total seats in state legislative assemblies.
• Third Schedule — Allocation of seats in legislative councils.
• Fourth Schedule — Local authorities for council elections.
• Fifth, Sixth, and Seventh Schedules — Repealed.

Background and Purpose

The 1950 Act addressed seat allocation and electoral rolls but left the actual conduct of elections to a subsequent law. The RP Act, 1951 was enacted to cover everything required for running elections, managing disputes, and penalising electoral offences.

Key Areas Covered

1. Qualifications and disqualifications for membership of Parliament and state legislatures.
2. Notification of general elections.
3. Administrative machinery for conducting elections.
4. Registration of political parties.
5. Conduct of elections — the complete procedural framework.
6. Free supply of certain material to candidates of recognised political parties.
7. Disputes regarding elections — mechanisms for filing and adjudicating election petitions.
8. Corrupt practices and electoral offences — definitions and penalties.

Structure of the Act

Key Distinction Between the Two Acts

Constitutional Basis

• Articles 82 and 170 — Provide for readjustment and division of each state into parliamentary and assembly constituencies based on the 2001 census.
• Articles 330 and 332 — Provide for refixing reserved seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and state assemblies, also based on the 2001 census.

Why Enacted

The existing delimitation was based on the 1971 census. Uneven population growth across constituencies and large-scale rural-to-urban migration had created significant disparities in constituency sizes, even within the same state. The Delimitation Act, 2002 was enacted to set up a new Delimitation Commission to redraw boundaries on the basis of the 2001 census.

Key Features

• The Delimitation Commission was tasked with completing delimitation by 31 July 2008 (originally set at two years from commencement).
• The Commission would also re-fix reserved seats for SCs and STs without changing the total number of seats (which remains based on the 1971 census).
• Delimitation orders are not justiciable (consistent with Article 329).
• Orders apply to all general elections and bye-elections after publication.
• The Act was amended in 2003, 2008, and 2016.
• Earlier Delimitation Acts were enacted in 1952, 1962, and 1972.

Structure of the Act

1. Parliament (Prevention of Disqualification) Act, 1959 — Specifies which offices of profit under the government do NOT disqualify holders from being members of Parliament. This Act repealed three earlier statutes.

2. Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 — Provides for additions and exclusions from SC/ST lists and readjustment of parliamentary and assembly representation.

3. Government of Union Territories Act, 1963 — Governs elections in union territories.

4. Government of National Capital Territory of Delhi Act, 1991 — Governs Delhi's unique legislative assembly elections.

5. Presidential and Vice-Presidential Elections Act, 1952 — Regulates elections to the offices of the President and Vice-President (amended in 1974, 1977, and 1997).

1. Registration of Electors Rules, 1960 — Govern preparation and publication of electoral rolls.
2. Conduct of Elections Rules, 1961 — Facilitate fair and free elections to Parliament and state legislatures.
3. Prohibition of Simultaneous Membership Rules, 1950 — Prevent a person from being a member of multiple legislatures simultaneously.
4. Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985 — Implement the Tenth Schedule (Anti-Defection Law) for Lok Sabha members.
5. Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985 — Parallel rules for Rajya Sabha.
6. Presidential and Vice-Presidential Elections Rules, 1974 — Replaced the 1952 rules.
7. Members of Lok Sabha (Declaration of Assets and Liabilities) Rules, 2004.
8. Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004.

1. Election Symbols (Reservation and Allotment) Order, 1968 — Governs the specification, reservation, choice, and allotment of symbols at parliamentary and assembly elections, and the recognition of political parties. This is the primary instrument defining national and state party status.

2. Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992 — Requires associations seeking registration as political parties to furnish additional particulars to the Election Commission.

• Know the exact division of content between RPA 1950 (structure/rolls) and RPA 1951 (conduct/offences/disputes).
• Articles 81, 82, 170, 171, 330, 332 provide the constitutional anchor for electoral legislation — trace which article authorises which Act.
• The Delimitation Act 2002 is based on the 2001 census, but the total number of seats remains frozen at the 1971 census level — this distinction is frequently tested.
• The Delimitation Act was amended in 2003, 2008, and 2016; earlier Delimitation Acts were in 1952, 1962, 1972.
• The Parliament (Prevention of Disqualification) Act, 1959 repealed three earlier Acts.
• The Presidential and Vice-Presidential Elections Act, 1952 has been amended three times (1974, 1977, 1997).
• The Election Symbols Order, 1968 (amended 2011) is the key instrument for party recognition — know the amendment year (2011 added the 8% votes condition for state party recognition).
• Section 126A (exit poll ban) and Section 126 (48-hour broadcast ban) of RPA 1951 are critical provisions for media law questions.
• The Conduct of Elections Rules, 1961 replaced earlier rules from 1951 and 1956.