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HCS (Haryana)Stage 2: Main Written Examination

Representation of the People Act and Elections

What the official syllabus says

HCS Main Written Examination, Paper IV: General Studies-II:

  • Salient features of the Representation of People’s Act.

Topics in detail

Constitutional basis

  • Part XV (Articles 324–329): Election Commission, single electoral roll, adult suffrage (Article 326)
  • Bar on courts interfering in electoral matters (Article 329)
  • Delimitation of constituencies (Article 82) and the freeze on seats till the first census after 2026

Representation of the People Act, 1950

  • Allocation of seats in the Lok Sabha and State Legislatures
  • Delimitation of constituencies (read with the Delimitation Act, 2002)
  • Electoral rolls: preparation, revision, qualifications for registration; Electoral Registration Officers
  • Chief Electoral Officers, District Election Officers

Representation of the People Act, 1951

  • Qualifications and disqualifications for membership; disqualification on conviction (section 8)
  • Lily Thomas v. Union of India (2013): protection to sitting members under section 8(4) struck down
  • Registration of political parties (section 29A); contributions to parties (sections 29B and 29C)
  • Administrative machinery: Returning Officers, presiding officers
  • Nomination, scrutiny, withdrawal; contesting from at most two constituencies (section 33(7))
  • Election expenses and their account (section 77)
  • Election petitions in the High Court (sections 80–81) and appeals
  • Corrupt practices (section 123) and electoral offences; the 48-hour silence period (section 126)
  • Bye-elections and the filling of casual vacancies

Related reforms and issues

  • Election Commission: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
  • Model Code of Conduct: nature and enforcement
  • EVMs and VVPAT; NOTA (PUCL judgment, 2013)
  • Disclosure of criminal antecedents, assets and education by candidates
  • Criminalisation of politics; money power; electoral bonds struck down (2024)
  • Simultaneous elections proposal; remote voting for migrants
  • Internal democracy in parties; state funding of elections

The two Acts compared

Representation of the People Act, 1950Representation of the People Act, 1951
Allocation of seatsConduct of elections
Delimitation of constituenciesQualifications and disqualifications of members
Preparation of electoral rollsRegistration of parties, election expenses
Qualifications of votersElection disputes, corrupt practices and offences

Recent changes to election law

  • Election Laws (Amendment) Act, 2021: voluntary linking of Aadhaar with the electoral roll; four qualifying dates in a year for enrolment
  • Revision of electoral rolls and the questions of exclusion it raises
  • Postal ballots for service voters, senior citizens and persons with disabilities

Overlaps

Elections to Haryana's panchayats and municipalities are run by the State Election Commission: see Haryana: Panchayati Raj and Urban Local Bodies.

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