Representation of the People Act, 1950
SyllabusComparison of the Indian constitutional scheme with other countries
The Representation of the People Act, 1950 governs the preparation and revision of electoral rolls for parliamentary and State Assembly elections in India. An electoral roll is the official list of persons registered to vote in a constituency; the Act lays down voter-registration qualifications and the framework for preparing these lists.
Constitutional and statutory framework
The Act gives effect to the Constitution's electoral framework. Detailed procedures for preparing and revising electoral rolls are prescribed in the Registration of Electors Rules, 1960.
- Article 324 vests the superintendence, direction and control of electoral-roll preparation in the Election Commission of India.
- Article 325 requires one general electoral roll for every territorial constituency and prohibits exclusion solely on grounds of religion, race, caste or sex.
- Article 326 provides for elections to the Lok Sabha and State Legislative Assemblies on the basis of adult suffrage, subject to constitutionally permitted disqualifications.
Eligibility and preparation of electoral rolls
Under Section 19 of the Act, a person must be at least 18 years old on the qualifying date and ordinarily resident in the constituency to be entitled to registration, subject to the Act's other provisions.
- A person who is not an Indian citizen is disqualified from registration.
- A person cannot be registered in more than one constituency or more than once in the same constituency.
- The Electoral Registration Officer prepares and revises the constituency's electoral roll within the Election Commission's supervisory framework.
- The statutory process provides for claims and objections, correction of entries, and inclusion or deletion of names according to prescribed procedures.
Distinction from the 1951 Act
The two Representation of the People Acts address different parts of the electoral process and should not be confused.
- The Representation of the People Act, 1950 primarily deals with seat allocation, constituency-related provisions, voter qualifications and electoral rolls.
- The Representation of the People Act, 1951 principally deals with the conduct of elections, qualifications and disqualifications for legislative membership, electoral offences, corrupt practices and election disputes.
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