Election Laws


Representation of the People Act, 1950
  • Articles 81 and 170 of the Constitution of India lay down the maximum number of seats in Parliament and in Legislative Assemblies of States
  • Article 171 of the Constitution of India lays down the maximum and minimum number of seats in the Legislative Council of a State
  • It also specify the various methods in which the seats shall be filled
  • But the actual number of seats to be filled by each such method has been left to be provided by law.
  • Representation of the People Act, 1950, was enacted to provide for the allocation of seats
  • President get the power to delimit various constituencies, after consultation with the Election Commission,
  • The Act further provided for the registration of electors for Constituencies and disqualifications for such registration.
  • A special provision has been included for relaxation of the persons who migrated before July, 1949, to India from the territory of Pakistan.
 
 
Representation of the People Act, 1951
  • It was provided for the allocation of seats in and the delimitation of constituencies for elections
  • It provide qualifications of voter and the preparations of electoral rolls
  • The provisions for the actual conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State
  • The qualifications and disqualifications of membership of these Houses
  • The corrupt practices and other election offences, and the decision of election disputes were all left to be made in a subsequent measure.
 
 
Delimitation Act, 2002
  • Articles 82 and 170 of the Constitution of India provide for readjustment and the division of each State into territorial constituencies in such manner as Parliament may, by law, determine.
  • Articles 330 and 332 of the Constitution of India provide for re-fixing the number of seats reserved for  SCs and STs
  • The present delimitation of Parliamentary and Assembly constituencies is based on the 1971 census.
  • Delimitation Commission re-fixed the number of seats for the SCs and STs on the basis of the 2001 census, without affecting total number of seats based on the 1971 census.
  • 84th amended, 2002 froze the no of constituencies till the first census after 2026
  • Commission is a powerful and independent body whose orders cannot be challenged in a court of law
  • Delimitation commissions have been set up four times in the past — 1952, 1963, 1973 and 2002
 
 
Rules Relating to Elections
  • Registration of electors Rules, 1960 provide for the preparation and publication of electoral rolls.
  • Conduct of Elections Rules, 1961 facilitates conduct of fair and free elections to the Parliament and State Legislatures.
  • Prohibition of Simultaneous Membership Rules, 1950
  • Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985.
  • Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985.
  • Presidential and Vice-Presidential Elections Rules, 1974
  • Members of Lok Sabha (Declaration of Assets and Liabilities) Rules, 2004.
  • Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004.
 
 
Orders Relating to Elections
  • Election Symbols (Reservation and Allotment) Order, 1968 provides for the specification, reservation, choice and allotment of symbols at elections
  • Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992
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