The Representation of the People Act, 1951

THE REPRESENTATION OF THE PEOPLE ACT, 1951

This Act provides for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, qualifications and disqualifications for membership of those Houses, corrupt practices and other offenses at or in connection with such elections, and the decision of doubts and disputes arising out of or in connection with such elections.

Preliminary

1. Short title - This Act may be called the Representation of the People Act, 1951.


2. Interpretation - Certain expressions defined in section 27 of the Representation of the People Act, 1950 are used with the same meaning as in that Act.

Qualifications for Membership of Parliament and State Legislatures

1. Qualification for membership of the Council of States - A person shall not be qualified to be chosen as a representative of any State or Union territory in the Council of States unless he is an elector for a Parliamentary constituency.


2. Qualifications for membership of the House of the People - A person shall not be qualified to be chosen to fill a seat in the House of the People unless— (a) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes and is an elector for any Parliamentary constituency; (b) in the case of a seat reserved for Scheduled Tribes, he is a member of any of those tribes and is an elector for any Parliamentary constituency; (c) in the case of any other seat, he is an elector for any Parliamentary constituency.

Qualifications for Membership of State Legislatures

1. Qualifications for membership of a Legislative Assembly - A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless— (a) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes and is an elector for any Assembly constituency; (b) in the case of a seat reserved for Scheduled Tribes, he is a member of any of those tribes and is an elector for any Assembly constituency; (c) in the case of any other seat, he is an elector for any Assembly constituency.

Disqualifications

1. Definitions - Certain expressions are used with the same meaning as in Chapter III.


2. Disqualification on conviction for certain offenses - A person convicted of certain offenses is disqualified for membership of Parliament and State Legislatures.

Corrupt Practices and Electoral Offenses

1. Corrupt practices - Any of the following practices is considered corrupt: (a) using or attempting to use money, property, or influence for any purpose which may lead to election being won; (b) making false statements in connection with an election; (c) doing acts that prejudice the maintenance of harmony between different groups.

Electoral Offenses

1. Promoting enmity between classes - Any person who promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., is guilty of an offense.

Disqualifications for Membership of Parliament and State Legislatures

1. Disqualification on conviction for certain offenses - A person convicted of certain offenses is disqualified for membership of Parliament and State Legislatures.

Duties and Powers of Election Commission

The Election Commission has various duties and powers in connection with inquiries as to disqualifications of Members, including: (a) investigation into the matter; (b) making orders regarding the issue of a certificate or any other document.