Mains Practice Questions

Approach

• Begin by providing a brief overview of the Representation of People’s Act, 1951 (RPA Act, 1951).
• Discuss the contemporary significance and relevance of the RPA Act, 1951.
• Describe provisions, amendments, and the impact of RPA Act, 1951 on the conduct of free and fair elections.
• You can conclude by summarizing the contemporary relevance of RPA Act, 1951 in the Indian electoral system.

Introduction

The Representation of People Act, 1951 (RPA Act, 1951) is a pivotal legislation that shapes the electoral landscape of India. The RPA Act, 1951, was enacted to provide for the allocation of seats in the House of the People (Lok Sabha) and the Legislative Assemblies of States, the qualifications of voters, and the preparation of electoral rolls. The Act was necessary to ensure that elections were conducted in a free and fair manner, and that the fundamental principles of democracy were upheld.

Body

The RPA Act, 1951, remains highly relevant in contemporary India for several reasons

• Universal Adult Suffrage: The Act upholds the principle of universal adult suffrage, ensuring that every citizen above the age of 18 has the right to vote. This is crucial for democracy, as it reflects the commitment to providing every citizen with a voice in the government.
• Electoral Offences: The Act specifies various electoral offences, such as bribery, impersonation, and undue influence, and prescribes penalties for them. It is vital in maintaining the integrity of elections.
• Disqualifications: The RPA Act, 1951, lists disqualifications for contesting elections, including criminal convictions and corrupt practices. This is essential in ensuring that individuals with questionable backgrounds do not hold public office.
• Amendments and Reforms: The RPA Act has seen several amendments over the years to address emerging challenges and strengthen the electoral process. For instance, the introduction of NOTA (None of the Above) in 2013 was a significant reform, allowing voters to express their dissatisfaction with the available candidates.

The RPA Act has undergone numerous amendments to adapt to changing circumstances and challenges. Some key amendments include:

• NOTA Option: None of the Above (NOTA) was introduced in the ballot papers/ Electronic Voting Machine (EVMs) in the General Election to the State Assemblies in 2013.
• VVPAT: Voter Verifiable Paper Audit Trail (VVPAT) is an independent system attached with the EVMs that allows voters to verify that their votes are cast as intended. It was introduced in 2013, after the SC allowed the ECI for the ‘requirement of free and fair elections’ in its verdict in the People’s Union for Civil Liberties vs. Union of India case (2013).
• FCRA Provisions: It is mandatory for the political parties to submit to the ECI a list of donations received above Rs. 2,000. Political parties cannot receive more than Rs 2000 as cash donations.
• Right to Information: Candidates need to furnish information whether he/she is accused of any offense punishable with imprisonment of 2 years or more in a pending case or has been convicted of an offense.
• Section 8(4) of RPA Act, 1951: The Supreme Court in July 2013 struck down section 8(4) of the RPA, 1951 and declared it ultra vires and held that the disqualification takes place from the date of conviction.Section 8(4) allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court.

Impact on Free and Fair Elections:

• Ensures Free and Fair Election: The RPA Act, with its provisions and amendments, has played a significant role in ensuring the conduct of free and fair elections in India. The introduction of NOTA has empowered voters to express their disapproval of candidates, reducing the influence of undesirable elements in politics.
• Deterrence for Criminalization of Politics: The disqualifications for individuals convicted of corrupt practices have deterred candidates with questionable backgrounds from participating in elections which helps Election Commission of India ( ECI) to consistently uphold the principles of the RPA Act.
• Maintains Transparency: Moreover, the Act has evolved over the years to address emerging challenges, such as the influence of exit polls and the need for transparent political funding. The ban on exit polls until the last phase of elections aims to prevent premature influencing of voters' decisions.

Conclusion

The Representation of People Act, 1951, remains a cornerstone of India's democratic framework. It has evolved over the years to adapt to changing circumstances and challenges, ensuring that the electoral process remains free and fair. The Act's provisions and amendments have been instrumental in promoting transparency, accountability, and ethical conduct in Indian elections, making it a critical legislation for the functioning of a vibrant democracy.