Representation of Public Act, 1951
The electoral system in India is defined under Article 324 to 329 of the part XV. The constitution allows Parliament to make provisions in all matters related to the election of the Parliament and State Legislature.Under the article 327 of the part XV of the Indian Constitution, Representation of Public Act,1951 was enacted to make the election procedure Smooth.
Qualification for the Membership of the Lok Sabha
- He should be the member of any Scheduled Caste and electoral of the Parliamentary Constituency ; in case of person wants to contest from Scheduled Caste Seat.
- He should be the member of any Scheduled Caste and electoral of the Parliamentary Constituency ; in case of person wants to contest from Scheduled Tribe Seat.
- He should be electoral of the Parliamentary Constituency; in any other case.
Qualification for the Membership of the Rajya Sabha
- He should be electoral of the Parliamentary Constituency
Disqualification Rule:
- A person will be disqualified if he finds in corruption in election or found guilty in bifurcation of the Election Process
- A person can be disqualified on the basis of corruption.
- A person can be disqualified on the basis of bribery.
- A person can be disqualified if he used to discriminate on the basis of caste, race, colour, sex etc.
- A person can be disqualified on the basis if he foster enmity between the people or foster enmity between different group of people.\
Some salient features of RPA, 1951 are:
- It is an act for the people who want to contest election or to become world leader.
- If a person finds in corruption, bribery or any other illegal mean it will be send to the jail.
- After getting bail or interim bail etc, the person would not be able to contest election for the next 6 years.
- The same person can become the Chief Minister without contesting an election but however he/she will have to win any election in next 6 months.
The Act provides guidelines to the Election Commission for free and fair conduct of election. The Representation of the People (Amendment) Act, 1966 abolished the election tribunals. It transferred the election petitions to the High Courts whose orders can be appealed to Supreme Court. However, election disputes regarding the election of President and Vice-President are directly heard by the Supreme Court.