Introduction
Free and fair elections form the cornerstone of any democratic nation. In India, elections are governed primarily by the Constitution and the Representation of the People Acts of 1950 and 1951. These laws lay down the framework for electoral rolls, qualifications and disqualifications of candidates, conduct of elections, and resolution of disputes.
Constitutional Framework for Elections
- Article 324 to 329 in Part XV of the Constitution deal with elections.
- Article 324 entrusts the Election Commission of India (ECI) with the superintendence, direction, and control of elections.
- Articles 325 & 326 ensure universal adult suffrage and equality in electoral rolls.
- Article 327 & 328 empower Parliament and State Legislatures to make laws related to elections.
The Representation of the People Act, 1950
This Act provides for:
- Preparation and revision of electoral rolls
- Allocation of seats in the House of the People and State Legislative Assemblies
- Delimitation of constituencies
- Qualification of voters
It ensures that only eligible citizens are included in electoral rolls and provides mechanisms to update or correct the list.
The Representation of the People Act, 1951
This Act is more comprehensive and deals with:
- Qualifications and disqualifications of members of Parliament and State Legislatures
- Conduct of elections and electoral offences
- Corrupt practices and penalties
- Dispute resolution through election petitions
Key Provisions:
- Section 8: Disqualification on conviction for certain offences.
- Section 33: Nomination of candidates.
- Section 123: Defines corrupt practices like bribery, undue influence, etc.
- Section 77: Limits on election expenses.
Election Commission of India (ECI)
The ECI is an autonomous constitutional body established under Article 324. It plays a central role in ensuring:
- Free and fair elections
- Code of conduct compliance
- Voter education
- Deployment of security and polling personnel
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Electoral Reforms Over Time
India has seen significant reforms including:
- Electronic Voting Machines (EVMs)
- Voter Verified Paper Audit Trail (VVPAT)
- NOTA (None of the Above) option
- Digitization of voter lists
- Capping election expenses to curb the use of black money
Recent suggestions include:
- State funding of elections
- Criminalisation of politics reforms
- Simultaneous elections (One Nation, One Election)
Judicial Interpretations
- PUCL v. Union of India (2003): Recognized voter’s right to know background of candidates.
- Lily Thomas v. Union of India (2013): Disqualified MPs and MLAs upon conviction.
- Krishna Bhaskar v. Election Commission (2023): Emphasized on transparency and voter awareness.
Conclusion
The Representation of the People Acts form the backbone of India’s electoral democracy. As the nature of politics evolves, periodic reforms and judicial interventions are necessary to strengthen transparency, fairness, and public trust in the electoral process.
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