← UPSC syllabus
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
- The Election Commission as a constitutional body: Constitutional, Statutory, Regulatory and Quasi-judicial Bodies.
- Disqualification under the Tenth Schedule: Parliament and State Legislatures.