Rule-Making Power under the Representation of the People Act, 1950

The Central Government holds the rule-making power under Section 28 of the Representation of the People Act, 1950. It may make rules to carry out the purposes of the Act, but must first consult the Election Commission of India and issue the rules through a notification in the Official Gazette.

Who makes the rules

Section 28(1) expressly assigns the power to the Central Government, not to the Election Commission of India. The provision distinguishes the authority that makes the rules from the institution that must be consulted.

• Consultation with the Election Commission of India is a statutory requirement before rules are made.
• The provision requires consultation, rather than stating that the Commission's approval or concurrence is necessary.
• The rules must be notified in the Official Gazette.

Purpose and scope of the power

This is a form of delegated legislation: Parliament establishes the legal framework through the Act, while the Central Government makes subordinate rules to implement it. Such rules must remain within the authority conferred by the Act.

• Section 28 authorises rules for carrying out the purposes of the Act, including procedures concerning the preparation and revision of electoral rolls.
• The Registration of Electors Rules, 1960 are made under this rule-making power and provide detailed procedures for electoral registration.

Parliamentary control and the Commission's role

The rules are subject to parliamentary scrutiny. The Central Government's statutory rule-making power should also be distinguished from the Election Commission's constitutional responsibility for electoral administration.

• Every rule must be laid before both Houses of Parliament for a total period of 30 days, which may comprise one session or two or more successive sessions.
• Both Houses may agree to modify or annul a rule through the procedure prescribed in Section 28; this does not invalidate anything previously done under that rule.
• Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of specified elections in the Election Commission; it does not make the Commission the rule-maker under Section 28.