Election Laws in India

To regulate elections in India certain laws in India have been passed. They are the following:

  1. Representation of the People Act, 1950
  2. Representation of the People Act, 1951
  3. Delimitation Act, 2002

Representation of the People Act, 1950

  • Articles 81 and 170 of the Constitution of India lay down the maximum number of seats in Parliament and in Legislative Assemblies of States
  • Article 171 of the Constitution of India lays down the maximum and minimum number of seats in the Legislative
    Council of a State
  • Sought to confer on the President the powers to delimit, after consultation with the Election Commission
  • Provided for the registration of electors for Parliamentary Constituencies and for the Assembly and Council Constituencies, and the qualifications and disqualifications for such registration
  • Barring the jurisdiction of civil courts
  • Manner of filling seats in the Council of States to be filled by representatives of union territories

Representation of the People Act, 1951

  • Qualifications and disqualifications for membership of Parliament and State Legislatures
  • Notification of general elections
  • Administrative machinery for the conduct of elections
  • Registration of political parties
  • Conduct of elections
  • Free supply of certain material to candidates of recognised political parties
  • Disputes regarding elections
  • Corrupt practices and electoral offences
  • Powers of Election Commission in connection with inquiries as to disqualifications of members
  • Bye-elections and time limit for filling vacancies
  • Miscellaneous provisions relating to elections
  • Barring the jurisdiction of civil courts

Delimitation Act, 2002

  • Articles 82 and 170 of the Constitution of India provide for readjustment and the division of each State into territorial constituencies (Parliamentary constituencies and Assembly constituencies) on the basis of the 2001 census
  • Articles 330 and 332 of the Constitution of India provide for re-fixing the number of seats reserved for the Scheduled Castes and the Scheduled Tribes

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