The foundational requirement of democracy is the holding of free and fair elections. Part XV (Articles 324–329) of the constitution was adopted to assure the free, fair, and impartial conduct of elections, and it gave Parliament the authority to enact legislation to control the electoral process. The Constitution’s Article 324 establishes the Election Commission of India (ECI), which is responsible for monitoring the conduct of free and fair elections in the nation. Election Commission of India (ECI): The ECI as an independent constitutional authority was therefore brought into force from November 26^th, 1949
The Representation of the People Act (RPA), 1950, and the Representation of the People Act, 1951, were passed by the Parliament in this regard.

The Representation of People’s Act, 1951 contains 171 sections and 13 parts. The Act was framed by the Parliament for the effective election process. The Act was enacted before the first general election under Article 327 of the Constitution by the provisional Parliament.

The provisions included in the Representation of People’s Act, of 1951 are:

• It regulates how elections and by-elections are held.
• It provides the administrative infrastructure for holding elections.
• It includes laws to combat corruption and other crimes.
• Qualification of Member of Parliament and Member of Legislative Assembly.
• Disqualification of Member of Parliament and Member of Legislative Assembly.
• It lays out the method for resolving election-related concerns and controversies.
• Registration of Political Parties

1. Qualification for Members of Parliament and Members of Legislative Assembly: 

The Representation of People Act 1951, talks about the person who is qualified to contest the election. According to Article 173 of the Indian Constitution, the person should be a citizen of India and not less than 25 years of age to be a member of the Legislative Assembly and not less than 30 years to be a member of the Legislative Council.

A. Qualification for Lok Sabha:

1. To contest election on the seats reserved for Scheduled Caste and Scheduled Tribe in any state, he should be a member of Scheduled Caste or Scheduled Tribe of any state and he should be an elector for any Parliamentary Constituency.
2. To contest elections for Scheduled Tribes in the autonomous districts of Assam or in the Union territory of Lakshadweep a person should satisfy the following conditions
   • He should be a member of the Scheduled Tribes and
   • He should be an elector for the Parliamentary constituency in the autonomous district or Union Territory.

       3. To contest election from any other seat he should be an elector for any Parliamentary constituency.

B. Qualification for State Legislative Assembly:

1. To contest election for the seat reserved for Scheduled Caste or Scheduled Tribes he should a member of that Scheduled caste or Scheduled Tribes of that state and an elector for any Assembly constituency in that state.
2. To contest election for the seat reserved for an autonomous district of Assam, he should be a member of Scheduled Tribe of any autonomous district and he is an elector of that Assembly constituency in which the seat is reserved.
3. To contest from any other seat, he should be an elector for any Assembly constituency of that state.

C. Qualification for Legislative Council of a State:

• The person contesting elections should be an elector for any Assembly constituency in that state.
• He is an ordinarily resident of that State.

2. Disqualifications of the Members of the Parliament or Members of the State Legislative Assembly:

Chapter III of Part II of the Representation of People Act, 1951 provides for the disqualification from becoming a Member of the Parliament or Assembly.

The Disqualifications are:

1. Section 8 of the RPA, 1951 provides for the disqualification of certain offences such as electoral, economic, or criminal. These offences have been considered by the Parliament a ground for the disqualification of a convicted person for membership of Parliament and the state legislature.
2. Section 8 (4) of the RPA, 1951 provides for disqualification, if a person has been sentenced to imprisonment for more than two years for an offense then he shall be disqualified from the date of such imprisonment and for a period of six years after his release.
3. Section 9 (1) of the RPA, 1951 says that a government servant dismissed for corruption or disloyalty to the state shall be disqualified for five years to contest election from the date of dismissal.
4. Section 9 (A) of the RPA, 1951 provides for disqualification for a certain contract with the Government.
5. Section 10 of the RPA, 1951 provides for the disqualification of holding offices under a Government company.
6. Section 10 (A) of the RPA, 1951 says that if a candidate fails to lodge the account of his election expenses within the time provided the candidate shall be disqualified by the Election Commission. As per Section 77 (1) of the RPA, 1951 every candidate who is contesting the election has to keep and maintain a separate account of his election expenses.
7. Section 8A (1) of the RPA, 1951 states that a person is disqualified on grounds of commission of corrupt practices made by him during and in the election.

3. Registration of Political Parties:

Part IVA, Section 29A of the RPA, 1951 gives power to the Election Commission of India to register associations and bodies as political parties. The party registered will get many benefits. The RPA allows political parties to accept voluntary contributions, preference in allotment of election symbols.

A. The provisions that are required by the political party to be considered as the state political party if any of these conditions are fulfilled:

• The party has won 3% of seats in the legislative assembly of the state in the general election or legislative assembly elections.
• The party has polled 8% of votes in a state at a general election to Lok Sabha.
• The party has won 1 Lok Sabha seat for every 25 Lok Sabha seats allotted for the state.
• The party has polled 6% of votes in a state and in addition, it has won 1 Lok Sabha or 2 Legislative Assembly seats.
• The party has polled 8% of votes in a state at a general election or legislative assembly elections.

B. A party shall be considered as a national political party only if any of these conditions are fulfilled:  

• The party wins 2% of the seats in the Lok Sabha from at least three different states.
• The party polls 6% of votes in four states and in addition, it wins at least 4 Lok Sabha seats at a general election to Lok Sabha or legislative assembly elections.
• A party gets recognition as a state party in four or more states.

4. Election Petition:

Part IV of the RPA, 1951 deals with the disputes regarding the elections and provides the manner for the presentation of election petitions.

An election petition is a procedure for inquiring validity of election results of Parliament or local government elections. It can be filed by any candidate.

Section 100 of the RPA, 1951 provides the grounds for filing the election petition. The election of a particular candidate can be declared void by the High Court if:

• Any corrupt practice has been committed by a returned candidate by his election agent or by any other person with the consent of the returned candidate.
• The nomination has been improperly accepted.
• The returned candidate was not qualified on the date of his election or was disqualified to fill the seat.
• The candidate has not complied with the provisions of the Constitution or the Representation of the People’s Act.

The petition can be filed by any candidate to the authorized officer of the High Court and it shall be filed within 45 days from the date of declaration of results.

Amendments in Representaion of the People Act, of 1951

Representation of the People (Amendment) Act, 1966

• This Amendment abolished election tribunals. Election petitions were now transferred to High Courts.
• But disputes in connection with the presidential and vice-presidential elections are heard directly by the Supreme Court of India.

Representation of the People (Amendment) Act, 2002

• The 2002 amendment inserted Section 33A into the Act which provides for the right to information for people.
• After this, voters have the right to know the antecedents of the candidates.
• Contesting candidates are required to furnish information about prior convictions of offences or whether they are accused of any offence while filing their nominations.
• The amendment also included provisions for the declaration of assets and liabilities by the candidates.

Representation of People (Amendment) Bill, 2010

• This amending act confers voting rights to Indians who are NRIs.
• The amendment, however, does not give NRIs the right to contest elections.
• It also does not give NRIs the right to vote in absentia. They have to be present in their constituencies during polling.

The Representation of the People (Amendment and Validation) Bill, 2013

• Passed by both houses of Parliament.
• Major Change
  • A person in police custody or in jail can file a nomination for an election as long as his name is entered on the electoral roll, even if a person is prohibited from voting.
  • This amendment Bill seeks to address the situation when the Supreme Court concluded that a person in jail or police custody is not entitled to vote, and therefore, is not an elector, and thus, cannot contest elections.

Representation of People (Amendment) Bill, 2017

• This bill, which was passed by the Lok Sabha, seeks to allow for proxy voting of NRIs and to make certain provisions of the Acts gender-neutral.

What are the offences pertaining to elections defined in the RPA 1951?

1. Promoting hatred and enmity.
2. Breach of official duty and providing support to any candidate.
3. Booth capturing and removing ballot papers.
4. Engaging in the sale of liquor within 2 days before the conclusion of polling.
5. Announcing public meetings within 48 hours before voting and also causing disturbances.

Can a convicted person contest election in India?

A person convicted of any offence and imprisoned for more than 2 years shall be disqualified from contesting for a period of 6 years after he or she is released from jail. After the 6-year period, he/she can contest elections.

The Representation of People’s Act, of 1951 has proved to be an efficient mechanism through which a check can be made towards the candidate being elected to the legislature. The RPA, 1951 is very useful in keeping the legislature out of the influence of criminals or non-deserving candidates.