Contents
1. Provisions related to Elections in the Indian Constitution 43
2. Introduction to the Representation of the People Act 1950 and 1951 43
2.1. Salient features of Representation of the People Act 43
3. Representation of People Act, 1950 44
3.1. Allocation of Seats 44
3.1.1. Lok Sabha 44
3.1.2. Legislative Assemblies 44
3.1.3. Legislative Councils 44
3.2. Officers 44
3.2.1. Chief electoral officers 44
3.2.2. District election officers 44
3.2.3. Electoral registration officers 44
3.3. Electoral Rolls for Assembly and Parliamentary Constituencies 44
3.3.1. Disqualifications for registration in an electoral roll 45
3.3.2. Correction of entries in electoral rolls 45
3.3.3. Inclusion of names in electoral rolls 45
3.4. Electoral Rolls for Council Constituencies 46
3.4.1. Local Authorities’ Constituency 46
3.4.2. Graduates’ and Teachers’ Constituencies 46
3.5. Manner of filling seats in the Council of States to be filled by representatives of Union Territories 46
3.5.1. Constitution of electoral colleges 46
3.5.2. Termination of membership of electoral college for certain disqualifications 46
3.5.3. Manner of filling seats in the Council of States allotted to Union territories 47
4. Representation of People Act, 1951 47
4.1. Qualifications for Members of Parliament and Members of State Legislature 47
4.1.1. Constitutional Provisions for Membership of Parliament 47
4.1.2. Qualifications for Membership of Parliament under RPA, 1951 47
4.1.3. Constitutional Provisions for membership of a State Legislature 48
4.1.4. Qualifications for membership of a State Legislature under RPA, 1951 48
4.2. Provisions for Disqualification for Membership of Parliament and State Legislatures 48
4.2.1. Constitutional Provisions 48
4.2.2. Anti-Defection Law 49
4.2.3. Disqualification under RPA, 1951 50
4.3. Disqualifications for Voting 51
4.4. Provisions related to the declaration of assets and liabilities 52
4.5. Provisions related to election expenses 52
4.6. Provisions for settlement of disputes 52
4.7. Corrupt practices and Electoral Offences 53
4.7.1. Difference between Electoral Offences and Corrupt Practices 54
5. Code of Conduct 55
5.1. Model code of conduct 55
5.2. Evolution of Model Code of Conduct 55
5.3. Implications of applying the model code of conduct 56
5.4. Enforcement of MCC 56
5.5. Contemporary Challenges in implementing Model Code of Conduct 56
5.6. Status of Model Code of Conduct 56
5.7. Should MCC be given legal status? 57
6. Landmark Judgments on issues around Elections 58
6.1. An Accused can contest the election but cannot vote 58
6.2. MPs, MLAs to be Disqualified on Date of Criminal Conviction 59
6.3. Supreme Court refusal to ban politicians facing criminal charges from elections 60
6.4. Voters’ Right to Know 60
6.5. Voter’s Right to Cast Negative Vote and Right to Secrecy 62
6.6. The VVPAT Ruling 63
6.7. Ruling on Election Manifesto 63
6.8. Stay on Caste-Based Rallies in UP 64
6.9. Ruling on Nomination Papers 64
6.10. Right to vote for undertrials 65
6.11. Banning religion and caste from election campaign 65
7. Other important issues related to Elections and Electoral Reforms in India 66
7.1. Independence of the Election Commission 66
7.2. Simultaneous Elections 66
7.3. Exit polls & Opinion polls 68
7.4. Umesh Sinha Committee on Section 126 of Representation of the People Act, 1951 69
7.5. Reforms related to Electoral Finance 69
7.5.1. Funding to Political Parties & Electoral Bonds 69
7.5.2. State Funding of Elections 71
7.6. Issues related to Electronic Voting Machines 72
7.6.1. Doubts raised over Electronic Voting Machines 72
7.6.2. Use of Totalizer Machines 73
8. UPSC Previous Years’ Questions 74
9. Previous Years’ Questions 74