Indian Election Laws

Elections are the constitutional and legal process that helps the citizens of a nation to choose their leaders and Government. The Election Commission of India governs the elections in India. In this blog, we will read about the laws governing the process of election in India. Some set of rules and laws governs the entire process of election. We will discuss those acts and rules step by step.

Representation of the People Act, 1950:

This Act represents the number of seats in Parliament and the legislative assemblies of the states. The Act was enacted to highlight the allocation of seats in the House of People, the state’s legislative assemblies and legislative councils.

The Act has instructive features. The Act provides instruction in the following relations:

  • In selecting the allocation process of seats in the House of People, the state legislative councils and the state legislative assemblies.
  • The Act consists of provisions related to delimitation of Parliamentary, Assembly and the Council Constituencies.
  • The Act has provisions related to the powers of election officers like Chief electoral officers and electoral registration officers.
  • The Act has provisions related to electoral rolls.
  • The Act has provisions related to barring the jurisdiction of civil courts.

Representation of the People Act, 1951:

The Representation of People Act of 1951 was enacted for providing allocation of seats in and the delimitation of constituencies for the purpose of elections to the House of People and legislatures of the states. It also contains provisions related to the qualification of voters and preparations of the electoral rolls.

The Act consists of the provision in the following electoral matters:

  • Qualifications and disqualifications are grounds for the membership of MP and MLA.
  • Notifications related to the general elections.
  • Rules and laws related to the conduct of elections.
  • Provisions of administrative machinery for the conduct of elections.
  • The list of free supply of materials to candidates of the recognised parties.
  • The time limit for by-elections and vacancies filling.
  • Provisions related to corrupt practices and electoral offences.

Matters included in the conduct of elections:

The conduct of elections include rules and law related to the following matter:

  • Nomination of the candidate
  • Candidates and their agents
  • The general process of elections
  • Polls and Polling booth
  • Count of voters
  • Election results and publication
  • Assets and liabilities declaration of the candidates
  • Election expenses

Delimitation Act, 2002:

Delimitation may be defined as the process of readjusting the allocation and distribution of seats in the Parliament and the state legislatures depending upon the last census.

  • The current delimitation is based on the 1971 census.
  • The readjustment and the division of each state into territorial constituencies are essential to meet the uneven growth of population in different country constituencies.
  • The delimitation Act was enacted in 2002 to get a delimitation scale based on the 2001 census.
  • The Act aims to correct the distortion above in the size of electoral constituencies.
  • The Act also proposed to set up a delimitation Commission to carry the process more effectively.
  • The Act also laid provision to refix the number of seats for the scheduled castes and the scheduled tribes based on the 2001 census.
  • The Act has also laid the guidelines and rules for the delimitation process.
  • This delimitation would apply to every general election to the House of People of the state legislative assembly.

Parliament Act, 1959:

The Parliament Act of 1959 declares that certain offices of profit under the Government shall not disqualify the holders as members of Parliament.

Presidential and Vice Presidential Elections:

The Act regulates certain matters related to the elections of the President and the Vice President of India.

Conclusion:

Free and fair elections are the important pillar of any democracy. Choosing their leader is the fundamental right of every citizen. In India, though, there are constitutional bodies like the Election Commission. Such bodies play an important role in the conduct and process of the local and the Central elections. But still, each year, we read a number of headlines telling us about the corruption and black practice in the conduct of elections. The citizens should also play their part and understand that violating laws will ultimately lead to their decline. If a poor leader is chosen to run the Government of the country, then India can never be able to compete with its developed neighbours. The common man should understand the power of his vote and use it wisely. He must support the Government’s rules and laws. Only then, the overall process of the elections would be free and fair.

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This post was last updated on November 9th, 2021 at 08:26 am

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