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RPA Act
RPA Act
INTRODUCTION
• The Representation of Peoples’ Act, 1950 was enacted by the provisional Parliament of India before the first
General elections in the country under Article 327 of the Constitution.
• It provides for the allocation of seats and the delimitation of constituencies for the purpose of Lok Sabha and State
Legislature elections, the qualifications of voters, electoral rolls, and filling up seats in Rajya Sabha by the
representatives of Union Territories.
• The Representation of Peoples’ Act, 1951 provides for the actual conduct of elections of the Houses of the
Parliament and to the House or Houses of the Legislature of each State.
CHALLENGES
• Ruling party advantage: The RPAs do not contain clear provisions and guidelines on reducing the advantage to the
ruling party in terms of misuse of official machinery and electoral funding. E.g. BJP has received around 95% of its
funding through electoral bonds.
• Stopping criminal elements: Even after provisions in RPAs around 43% of MPs in the present Lok Sabha have
criminal cases pending against them.
• Social media: Social media has blurred the silence period of election campaigning and also enables micro-level
targeting of voters.
• Power to de-register parties: ECI does not have the power to de-register political parties that do not contest
elections and are merely for receiving funds.
• Bureaucratisation of politics: ECI does not have its own official machinery and has to depend on the government,
which is not conducive to free and fair elections.
• Returning officer: Designated or nominated by ECI for every constituency in consultation with the State government
to effectively conduct election in the manner provided by the Act and rules or orders.
• Assistant Returning officer: Appointed by ECI to assist the returning officer and can perform all or any of the
functions of returning officer, except scrutiny of nominations.
• Observers: Nominated by ECI to watch the conduct of elections in constituencies or constituencies.
• Presiding officers: Appointed by the district election officer for each polling station to keep the order at the polling
station and ensure that the polls are taken fairly.
• Polling officer: Appointed by the district election officer for each polling station to assist the presiding officer.
• Officers on deputation to Election Commission: From the date of notification for election to the date of declaration
of results, the returning officer, assistant returning officer, presiding officer, polling officer, and any other officer and
any police officer are presumed to be on deputation to the Election Commission.
SC Judgements
The Supreme Court in Lily Thomas v. Union of India case, 2013 held the provision that disqualification of a member of
Parliament and State Legislature shall not take place until three months from the date of conviction, as unconstitutional
and provided for immediate disqualification on conviction.
HC Judgements
In 2013, the Patna High Court forbade anybody in judicial or police detention from contesting an election.
• Other offences:
o If a person is convicted of any crime and sentenced to two or more years in jail, he or she is disqualified.
o If a person has engaged in corrupt practices.
o If a person is dismissed from a government position due to corruption or disloyalty.
o If a person has a contract with the government in the course of commerce or business or supplies goods to the
government.
o If a person is a managing agent, manager, or secretary of any company or corporation (other than a cooperative
society) in which the government owns at least 25%.
o If a person fails to file an account of his election expenses on time.
The recommendations of the 244th report of the Law Commission should be implemented, i.e. disqualification at the
stage of framing of charges along with other legal safeguards to curb criminalisation of politics.
The following political parties registered with the Election Commission are considered Registered Unrecognised
Parties:
• Unrecognised parties are newly registered parties,
• parties that have not received a sufficient percentage of votes in Assembly or General Elections to become state
parties, and
• parties that have never contested elections since being registered.
RIGHT TO KNOW
Right to Information: A candidate has to furnish information about the following in his nomination paper, whether:
• He is accused of any offence punishable with imprisonment for two years or more, where charges are framed by a
competent court;
• He is convicted of any offence and sentenced to imprisonment for one year or more.
People’s Union for Civil Voters have a fundamental right to know the relevant qualifications of candidates for
Liberties v. Union of India, office, including information about their income and assets.
2003 Accordingly, section 33B of the RPA, 1951, which stated that candidates could not be
compelled to disclose any information about themselves other than their criminal
• Declaration of Assets and Liabilities: Section 75A requires every elected candidate for a House of Parliament to
provide the Chairman/Speaker with the following information within ninety days of taking the oath:
o the movable and immovable property of which he, his spouse, and his dependent children are jointly or severally
owners or beneficiaries;
o his liabilities to any public financial institution, Central or State government.
• Speaker & Chairman have the power to make rules: The Chairman/Speaker can make rules in this regard and
wilful contravention of the rules can be considered as a breach of privilege.
• Account of Election Expenses: Section 77 requires each candidate to keep a separate and correct account of all
expenses incurred in connection with the election from the date of nomination to the date of result declaration. This
account must be given to the district election officer within thirty days of any candidate's election. Travel expenses
incurred by star campaigners of a political party by air or other methods are not considered expenditures by the
candidate in this regard.
ELECTION PETITION
• Disputes over the election of a candidate for a seat in Parliament or a State Assembly constituency must be resolved by
an election petition filed with the respective High Court (HC) (Single Bench) under Section 80A of the Representation
of the People Act, 1951 (RPA).
Remedies Available:
• If grievances are not redressed by the HC, then an appeal can be filed in the Supreme Court (SC) within 30 days from
the order of HC under Section 116A.
• An aggrieved candidate can also file an application to the HC to stay its order.
• Copy of the Stay Order of HC or SC shall be sent to the Election Commission and the Speaker/Chairman of Parliament
or State assembly.
Thus, the RPA 1951, as well as state-specific Conduct of Election Rules, have established enough safeguards to challenge
corrupt acts during the conduct of elections.
CORRUPT PRACTICES
Provisions regarding corrupt practices in RPA, 1951: Section 123 of the Act defines corrupt practices -
• Bribery: any gift, offer or promise by a candidate or his agent to any person to stand or not to stand or to withdraw or
not to withdraw from being a candidate or to vote or refrain from voting.
• Undue influence: direct or indirect interference with the free exercise of any electoral right. It includes threatening
any election candidate or elector.
• Religious appeal: The appeal based on his religion, race, caste, community, or language, or the appeal to religious or
national symbols, such as the national flag or the national emblem.
SC Judgements
The Supreme Court in Abhiram Singh's case, 2017 held that election is a secular exercise and an appeal for votes during
elections on the basis of religion, caste, race, community or language amounts to a ‘corrupt practice’.
• Promotion of enmity or hatred: The encouragement of hostility or hatred amongst different classes of Indian
citizens on the basis of religion, race, caste, community, or language.
• Commission of sati or its glorification: The propagation of the practice or the commission of sati or its glorification.
• False publication: The publication of any false statement of fact in relation to the personal character or conduct of
any candidate.
• Use of any vehicle or vessel for the free conveyance of any elector: (other than the candidate himself, the
members of his family or his agent) to or from any polling station.
• Contravention of authorizing expenditure: The incurring or authorizing of expenditure in contravention of the
‘Account of election expenses and maximum limit’ prescribed under Section 77 of RPA, 1951.
• Obtaining assistance from any government official: Obtaining aid (other than voting) from gazetted officers,
stipendiary judges and magistrates, members of the armed forces, excise officers, revenue officers, and so on.
• Booth capturing: In the 2019 general elections, a polling agent in Faridabad was arrested over video of ‘booth
capture’.
ELECTORAL OFFENCES
Electoral Offences listed in RPA, 1951: Chapter III of RPA, 1951 provide the following electoral offences -
• Promoting hatred between classes: Promoting class enmity in connection with elections based on religion, race,
caste, community, or language.
• Providing false information: concealing information in his nomination paper or affidavit:
• Holding public meetings exceeding authorized time: During the period of forty-eight hours ending with an hour
fixed for the conclusion of the poll
• Disturbances at public meetings: For the purpose of preventing the transaction of the business.
• Publication of results of exit polls: Publication and dissemination of results of exit polls, etc from the beginning of
the election to half an hour after the polls
• Printing material: Printing of pamphlets, posters, etc without the names and addresses of the printer and the
publisher.
• Failure to maintain voting secrecy.
• Officers, etc., are not allowed to campaign for candidates or influence votes.
• The removal of ballot papers from voting places.
• Booth capturing is a crime.
• Defacing, damaging, or removing any list, notice, or other document affixed by or under the authority of a returning
officer, etc.
• Other offences:
o Canvassing in or around a voting place on election day.
o On the day of the election, disorderly conduct at or near voting places.
o Misconduct at the polling booth.
176 TELEGRAM | WEBSITE
PRAHAAR ReDEFINED 3.0: INDIAN CONSTITUTION & POLITY
PAID NEWS
• Any news or analysis appearing in media (print & electronic) for a price in cash or kind as consideration. (Press
Council of India).
Way forward:
• According to the Department-Related Parliamentary Standing Committee on Information Technology:
o Subjecting the financial accounts of media houses, especially revenue sources for suspected paid news.
o Establishing a single regulatory authority for both print and electronic media.
• Formulating stringent guidelines for news media on poll coverage by the Press Council of India.
• Naming and shaming of media houses involved in paid news.
• Define paid political news so that the Press Council of India can issue suitable guidelines.
• It is necessary to modify the Representation of the People Act of 1951 to make 'paid News' an electoral offense.
• Political parties and candidates must closely adhere to the Election Commission's expenditure ceilings.
• The people should be sensitized by creating awareness among themselves and seeking partnerships with all
stakeholders, including political parties and media.
The issue of paid news poses a new challenge, especially in the digital age. Therefore, it is vital that the issue of paid news
is tackled to ensure elections are free and fair.
Proposed process of voting through postal ballots: Existing process for NRIs -
• Voting rights introduced in 2011: Voting rights for NRIs were introduced only in 2011, through an amendment to
the Representation of the People Act 1950.
• NRI can vote in his constituency: An NRI can vote in the constituency located in his/her place of residence, as
mentioned in the passport.
• Can vote only in person: He/she can only vote in person and will have to produce her passport in original at the
polling station for establishing identity.
Challenges:
• Identification of voters: Questions regarding the identity of voters can be raised as representatives of political
parties may not be present at the venue of voting.
• Policing and security: The EC will have to come up with ways to ensure how these venues can be policed and
secured.
• Model Code of Conduct: Foreign governments are not bound to maintain a silence period before polling, so it will
have to be discussed how MCC is not breached.
Way forward:
• Need to addressed logistical challenges: As per Ministry of External Affairs, “huge logistical challenges” need to be
addressed and “a realistic assessment of requirements” needs to be made before the proposal is implemented.
• Voting facilitation at embassies are insufficient: Actual voting facilitation, voter identification, and voting locations
in the event that embassies and consulates are insufficient to accommodate all voters.
Elections are the foundation of any democracy and therefore, it is vital they remain free and fair along with the
participation of every citizen of India. The issues that threaten the fairness of Indian elections should be addressed so that
Indian elections keep India a thriving democracy.
ONLINE CAMPAIGNING
• The digital campaign includes promoting political and electoral campaign materials on social media platforms like
Twitter, Facebook, and Instagram, as well as reaching out to voters through audio messages, phone calls, videos, and
LED screen-mounted vans from small towns to remote villages.
• Good campaigns which communicate with voters are central to well-run elections. Online Election Campaigning has
been facilitating the principles of healthy democracy i.e Right to free and fair campaigning.
Benefits:
• Wider Reach: Online campaigns can reach anyone with Internet access, especially young people. People can be
reached electronically in a variety of ways, including campaign websites, email newsletters, social networking sites,
and blogs.
• Speed of Information: An online campaign enables instant access to information through websites, emails, texts,
blogs, and social networks.
• Cost Effectiveness: With an online campaign you save money on printing, paper and canvassing staff. It could
hypothetically reach more people and cost less money.
• Facilitate Feedback Mechanism: It has provided unprecedented access to information about elections and enabled
the electorate to express their opinions and promote open discourse through direct communication between leaders
and constituents.
• Personalization: Online campaigns provide personalisation by allowing the target audience to interact with the
prospects and understand what they are looking for.
• Cost Effective: Digital campaigning is cost-effective and easy for small and new parties with limited budgets, making it
a great option.
• COVID-19 related Protocols requirement: It fulfils the requirement of maintaining social distancing by arranging
public meetings and rallies online through screens.
Way Forward:
• Free air time on TV channels for opposition parties: The ruling party already has a huge infrastructure and also
gets the maximum electoral bonds. They are ahead of all other parties in incurring election expenditures. The election
commission should cooperate by giving more time to the opposition parties on TV channels. The opposition parties
should get airtime on these channels for free.
• Small group meetings in open spaces: Instead of large rallies and gatherings, door-to-door campaigns and small
group meetings in open spaces could be more effective in terms of giving a level playing field to all the parties.
• Imprints on digital material: The online campaign material should include an imprint like Printed campaign
material. Voters can see who is distributing this material by looking at the imprint on it.
• Door to Door Campaigning: It has been an important mode of polling since its inception. In this new environment,
parties and candidates must strengthen this mode of election campaigning.
• Digital Platforms in Vernacular languages: As per the 2011 census, only 10.4% of Indians speak English, most as
their second, third, or fourth language and Only 0.02% of Indians spoke English as their first language.. Development
of Digital Platforms like ‘Koo’ will help in overcoming the barriers of language and reaching out to people from the
farthest areas of the country.
Conclusion:
• At present, Political parties have agreed to adhere to the protocol of Digital campaigning. The technological solution
can enhance or erode democracy depending on how it is being used and who holds the authority over it. It can be said
that right now, it is controlled by very few. When power is concentrated in the hands of a few, the consequences are
not good for the many and it may not be good for democracy.