The Representation of People Act

The Representation of People Act

Friends free and fair elections are one of the basic principles of a successful democracy. As we all know, India is the largest democracy in the world. So conducting the free and fair elections in India is also the most difficult task in the world. For the smooth conducting of the elections Parliament of India passed Representation of People Act 1950 and the 1951. The RPA Act of 1950 deals with the electoral rolls while RPA 1951 is the detailed provision of the elections.

RPA 1950:

The Electoral Roll is a list of all the people in the constituencies who are registered to vote. It is updated every year to include new people who turned 18 and those who moved into the constituency and exclude those who moved out of the constituency or died. If one’s name is not in the roll due to any reason he/she must apply to get his/her name registered in the electoral roll. The updation of the electoral stops during the election campaigns after nomination of the candidates have closed.

RPA 1951:

1: Qualification and Disqualification to contest elections:

• Rajya Sabha: One who is not an elector in any parliamentary constituency is disqualified. Minimum age to contest  Rajya Sabha election is 30.
• Lok Sabha : One who is not an elector in any of the parliamentary constituency is disqualified. Minimum age to contest Loksabha election is 25.
• State Assemblies: One should be a registered voter of that particular state from where he/she wants to contest States Assembly elections. Minimum age to contest is 25.
• State Legislative Council: It also has the similar provisions of State Assembly. Also the nominated member of Legislative Council should be an ordinary resident of that particular state.
• Seats are reserved for SC/STs and a non SC/ST can not contest from the reserved seats.
• Any person who has been held a convict in the offenses under Indian Penal Code or Criminal Procedure Code and sentenced for not less than two years will be disqualified from contesting elction during the sentence and for further six years after the sentence. (लालुजी का चारा ).
• However the person held convicted is free to appeal in a higher court, and as long as the higher court doesn’t hold him convict he is innocent. For this appeal, earlier a time of 3 months was available. This 3 months window has been eliminated by the new ruling of the Supreme Court. On the day, the person is accused he must vacate his seat.
• If a person is found guilty of corrupt practices, an authority appointed by central govt will notify the president about this and the president will decide if the person is to be disqualified or not and if yes for how long. The president has to obtain the recommendation of election commission in this regard.
• If a govt servant was dismissed from office on grounds of corruption or disloyalty can not contest for 5 years.
• One who holds office in any company or organization that has more than 25% govt share can not contest election as long as he hold this office.
• One holding a govt contract can not contest as long as he holds the contract.
• If the person fails to lodge account of election expenses in the time limit stipulated by the election commission, he will be disqualified.

2: Disqualification from Voting:

Even a voter can be disqualified from voting if he/she promotes enmity between two classes during election. If he/she tries to change the ballot paper. Or if he/she tries to have an undue impression during voting.

3: Notification for elections to Loksabha or State Assembly is issued by President on the recommendation of Election Commission. Notification must be issued prior to 6 month from the last date of last sitting. In Rajysabh elections are held every third year because 1/3 members of Rajysabha retire after every 2 years.

4: Administrative Machinery for Conducting Elections:

• Election Commission  conducts and supervise elections of President, Vice President, Loksabha, Rajyasabha, State Legislative Assemblies and State Legislative Councils.
• Deputy Commissioners or the Secretaries assists Elections Commissioners to conduct elections. 
• EC appoint chief electoral officer in each state. Under the EC he will see the conduct of election in his state.
• The chief electoral officer appoints the district election officer. He is usually the Collector of the district.
• The Election Commission nominates an Observer who shall be an officer of Government to watch the conduct of election or elections in a constituency or a group of constituencies.
• A govt officer or a local authority is nominated returninig officer by the EC.
• District Election Officer will appoint presiding officer for each polling station.

5: Political Parties: Every political party has to register itself to the Election Commission. A political party can accept voluntary monitory contribution from any private company. Any contribution above 20000 must be reported to the EC. A political party can not accept contribution from any foreigner. But it can accept contribution from an NRI.

6: Procedure of Election:

• Every candidate will pay 10000 for LOK Sabha elections and 5000 for SLA as a security deposite. However SC/ST have to pay 5000 and 2000 respectively.  If they can secure more than 1/6 of total votes their security is returned otherwise confiscated.
• Independent candidate have to be supported by 10 voters to get nominated.
• The candidates have to disclose their properties, their criminal records date of birth under the RTI act.
• All disputes regarding election to Lok Sabha and SLC come under the original jurisdiction of the High Courts. No appeal will be entertained by the court until the whole process of elections is completed.
• If a member of lok sabha is chosen for Rajya Sabha his seat becomes vacant on the day of such appointment.
• If a person is choosen in rajya sabha and lok sabha at the same time he will have to inform the secretary of EC which seat he wants to join.
• If a sitting rajya sabha member is chosen on lok sabha his seat in rajya sabha is deemed vacant.

Hope this information will be useful for The Rising Youth of India and the youth will be able to play an active role during the elections.

Jai Hind,

For any suggestion or demand please contact us at risingyouthteam@gmail.com or you can contact our admin directly at pn.borse@gmail.com

Sources: Wiki, lawmin.nic.in, prsindia.org, indiakanoon.org, a document of Neeraj Kumar.

Leader of Opposition Issue in India

Leader of Opposition Issue in India

Leader of opposition is a person who lead the official opposition to government in either house of the parliament in India. Leader of Opposition keeps check on arbitrary actions of government and suggests alternatives to the policies and acts of government.  The post of Leader of opposition existed in British era too. After independence initially there was no leader of opposition due absence of required amount of strength and statutory recognition. 

First Leader of opposition in the parliament was Ram Subhag Singh of Indian National Congress(o) in 1969. This post got statutory recognition through "Salary and Allowance of Leader of Opposition in the Parliament Act 1977". Leader of Opposition gets salaries and allowances equal to the cabinet ministers. According to the act of 1977, "leader of opposition will be the member of Loksabha or Rajysabha, who for the time being will be the leader of that house of the party in opposition of the government having greatest numerical strength and recognized as such by Chairman of Rajyasabha or Speaker of Loksabha".

Now here speaker's or chairman's recognition is an important term. And this convention established by ruling of first speaker of Loksabha Mr. G.V. Malvankar. According to his ruling, to qualify for the post of leader of opposition, a party in opposition must have at least 10% of the total seats of the house. (For loksabha its 55, because total strength of loksabha is 545.)  The ruling of G. V. Malvankar was later incorporated in Direction 121(1) of Directions of Speaker, Loksabha and Leaders and Chief Whips of Recognized Parties and Groups in Parliament (facilities) Act 1998.

A similar kind of system is present in Britain which they call Shadow Cabinet. In this system every member of cabinet has a corresponding member in opposition who will provide alternative to his policies and acts and will keep check on the arbitrary activities of government.

Current Issue:

After general elections of 16th loksabha, the BJP led NDA government came into power with huge majority(acche din). But no party in opposition could make it to 55 seats in loksabha. The single largest opposition party Congress with only 44 seats claimed for the post of Leader of Opposition. Speaker of Loksabha Smt. Sumitra Mahajan after consultation with Attorney General Mukul Rohtagi rejected the claim of Congress party citing the first speaker's ruling. But this is not the first time that we do not have Leader of Opposition in Loksabha. Until 1969 there was no Leader of Opposition. From 1980 to 1989 too there was no Leader of Opposition in the Loksabha due to less than required number of seats.

Why we require Leader of Opposition:

In appointment of various statuary posts is done on the recommendations of a panel consisting Leader of Opposition as one of the members. These posts are Lokpal, CBI Director, Secretary General of Loksabha, Central Vigilance Commissioner and Chief Information Commissioner . According to Supreme Court "The Leader of Opposition also conveys the voice of the house. It represents the views different from that of the government. If there is no leader of Opposition, the decision would not be objective. Ultimately a vacuum remains. "

Well whatever may be the rulings or acts, but the true democracy requires the presence of the Leader of Opposition to check the arbitrary actions of government and to provide a constructive criticism of the actions of government. For the true realization of "ACCHE DIN", the democratic nature of government must be maintained by having the post of Leader of Opposition. 

For any suggestion or demand, please contact us at risingyouthteam@gmail.com . or you can contact our admin  directly at pn.borse@gmail.com

Sources: Wiki, Indian Express, The Hindu, Times of India and Amar Ujala