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UPSC Civil ServicesStage 2: Main Examination

Representation of the People Act and Elections

What the official syllabus says

Main Examination, Paper III: General Studies II (Governance, Constitution, Polity, Social Justice and International relations):

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

Topics in detail

Constitutional basis

  • Part XV (Articles 324 to 329): superintendence of elections by the Election Commission, single general electoral roll, adult suffrage, Parliament’s power to make election law, bar on courts interfering in electoral matters
  • Appointment of the Chief Election Commissioner and Election Commissioners: Anoop Baranwal (2023) and the 2023 Act on their appointment and terms

Representation of the People Act, 1950

  • Allocation of seats in the Lok Sabha and state legislatures; delimitation (read with the Delimitation Acts)
  • Preparation and revision of electoral rolls; qualifications for registration as a voter
  • Election machinery: Chief Electoral Officer, District Election Officer, Electoral Registration Officer
  • Seats in the Rajya Sabha and Legislative Councils; Council constituencies of local authorities, graduates and teachers
  • Overseas electors: registration of Indian citizens living abroad (section 20A, added in 2010)
  • Delimitation Commissions set up under the Delimitation Acts of 1952, 1962, 1972 and 2002

Representation of the People Act, 1951

  • Qualifications and disqualifications for membership; disqualification on conviction (section 8) and Lily Thomas (2013)
  • Registration of political parties (section 29A); reporting of contributions (section 29C)
  • Administrative machinery: returning officers, presiding officers, observers
  • Election process: notification, nominations, scrutiny, withdrawal, polling, counting; contesting from two constituencies (section 33(7))
  • Electronic voting machines (section 61A) and VVPAT; postal ballots; overseas electors
  • Election expenses and accounts (section 77); disqualification for failure to lodge accounts (section 10A)
  • Corrupt practices (section 123) and electoral offences; bar on campaigning in the last 48 hours (section 126)
  • Election petitions to the High Court; appeals to the Supreme Court; by-elections within six months (section 151A)
  • Adjournment of polls and countermanding for booth capturing (sections 58 and 58A); paid holiday on polling day (section 135B)
  • Open ballot in Rajya Sabha elections (2003 amendment, upheld in Kuldip Nayar, 2006)

Related laws and rules

  • Office of profit (Article 102(1)(a)) and the Parliament (Prevention of Disqualification) Act, 1959
  • Conduct of Election Rules, 1961; Registration of Electors Rules, 1960
  • Election Symbols (Reservation and Allotment) Order, 1968: recognised and registered parties, disputes over symbols
  • Tenth Schedule: disqualification on grounds of defection, decided by the presiding officer

Judgments and reforms on electoral law

  • Disclosure of criminal antecedents, assets and education by candidates: Association for Democratic Reforms (2002) and PUCL (2003)
  • NOTA option (PUCL, 2013)
  • Electoral bonds struck down (Association for Democratic Reforms v Union of India, 2024)
  • Model Code of Conduct: nature, enforcement, demand for statutory backing
  • Linking electoral rolls with Aadhaar (Election Laws (Amendment) Act, 2021)
  • Reform proposals: Dinesh Goswami Committee (1990), Indrajit Gupta Committee on state funding (1998), Law Commission reports, simultaneous elections, remote voting for migrants, decriminalisation of politics, inner-party democracy

Overlaps

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