Be Mains Ready

Approach

• Give introduction by mentioning about electoral exercise in the country.
• Mention the constitutional provisions under Art 326 and give its significance.
• Mention the provisions of RPA Act 1950 and RPA Act 1951.
• Give a way forward highlighting their impact.

Introduction

• Election Commission is the watchdog of free and fair elections in the country and Article 324 of the Constitution provides for its establishment.
• The credibility of the electoral process has an important bearing on the healthy functioning of a political system.
• Holding of free and fair elections is the sine-qua-non of democracy. To ensure conduction of elections in free, fair and in an impartial manner, the constitution makers incorporated part XV (Art.324-329) in the constitution and empowered Parliament to make laws to regulate the electoral process.

Article 326 of the Constitution

• It provides that the election to the House of People and Legislative Assembly of States should be conducted on the basis of adult suffrage i.e citizens who are 18 years of age are entitled to vote.
  
  • This article of Constitution ensures equality among voters without any discrimination on the basis of religion, race, caste or sex. It also reminds of the faith reposed by constitutional makers in the capacity of the masses.
  • Election Commission (EC), while warning political parties to fulfill their electoral promises remarks that “If adult suffrage fails, violence is sure to come and no one will be able to stop it.'' This statement of EC highlights the importance of Art. 326 in electoral process.

The Representation of the People Act 1950

Provisions

• It provides for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States.
• It lays down procedures for delimitation of constituencies.
• It lays down the qualification of voters.
• It lays procedure for the preparation of electoral rolls and the manner of filling seats.

Significance

• The act provides for direct election for every Parliamentary constituency which ensures the intimate contact between the elector and representative, thus making the process more participatory.
• It provides for delimitation of constituencies which ensures the incorporation of changing dynamics of the increasing population making the process more liveable.
• The act strengthened the federal polity of the country by giving due representation to each state in the house of people.

The Representation of the People Act 1951

Provisions

• It regulates the conduct of elections.
• It specifies the qualifications and disqualifications for membership of the houses,
• It provides provisions to curb corrupt practices and other offences.
• It lays down the procedure for settling doubts and disputes arising out of elections.

Significance

• The act is significant for the smooth functioning of the Indian democracy as it bars the entry of persons with criminal background into representative bodies, thus decriminalizing Indian politics.
• The act requires every candidate to declare his assets and liabilities, and maintain an account of election expenses. This provision ensures the accountability and transparency of the candidate in the use of public funds or misuse of power for personal benefits.
• It prohibits corrupt practices like booth capturing, bribery or promoting enmity etc., which ensures the legitimacy and free & fair conduct of elections which is essential for the success of any democratic setup.
• The act provides that only those political parties which are registered under section 29A of the RPA Act,1951 are eligible to receive electoral bonds, thus providing a mechanism to track the source of political funding and ensuring transparency in electoral funding.

The Article 326, Representation of the People Act 1950 and Representation of the People Act 1951 cover almost all the essential provision required to make any electoral process efficient and accountable. Thus, making the whole process more accommodative and inclusive along with paving the way for participative democracy.