Polity & Governance Elections and the Representation of People Act GS Paper II

Elections and the RPA — Quick Revision

One-page UPSC revision of elections: Articles 324–329, RPA 1950 vs RPA 1951, key sections, disqualifications, delimitation, and landmark electoral-reform judgments.

SyllabusGS II · Salient features of the Representation of People's Act

By 3 min read Updated Oct 2026 #quick revision#polity#elections-and-representation

A last-week sheet on elections and the Representation of the People Acts. Section numbers matter in Prelims; judgments matter in Mains.

Constitutional Articles

ArticleProvision
324Election Commission — superintendence, direction, control
325Single electoral roll; no exclusion on religion, race, caste, sex
326Adult suffrage (18 years — 61st Amendment, 1988)
327 / 328Parliament / State legislatures make election laws
329Courts barred from electoral matters; disputes only by election petition
82 / 170Readjustment of seats after each census (frozen)
330 / 332SC/ST reservation in Lok Sabha / Assemblies

RPA 1950 vs RPA 1951

RPA 1950RPA 1951
Allocation of seatsQualifications and disqualifications
Delimitation of constituenciesElection machinery
Electoral rolls; registration of votersRegistration of parties (29A)
Chief Electoral Officer, DEO, EROConduct of poll, counting
Overseas electors (20A)Corrupt practices (123), offences
—Election petitions; by-elections (151A)

Sections to Know (RPA 1951)

SectionRule
8Disqualification on conviction (8(3): two years or more → conviction + six years after release)
8ADisqualification for corrupt practices — by the President
10AFailure to lodge election expenses — three years, by the Election Commission
11Election Commission may remove or reduce a disqualification
29A / 29B / 29CParty registration / contributions / reporting above ₹20,000
33(7)Maximum two constituencies
33A / 125ADisclosure of criminal cases / false affidavit offence
61AEVMs
62(5)No voting from prison or police custody (except preventive detention)
77Account of election expenses
80A / 81Election petition in High Court / within 45 days
116AAppeal to Supreme Court
123Corrupt practices
126 / 126A48-hour silence / exit poll ban
151ABy-election within six months
158Deposit forfeited at one-sixth or less of valid votes

Landmark Judgments

Cases that keep returning
  • Indira Nehru Gandhi v. Raj Narain (1975) — free and fair elections part of the basic structure.
  • Union of India v. ADR (2002) — voters’ right to know candidates’ antecedents.
  • Kuldip Nayar v. Union of India (2006) — open ballot and no domicile requirement for Rajya Sabha upheld.
  • Lily Thomas v. Union of India (2013) — Section 8(4) struck down.
  • PUCL v. Union of India (2013) — NOTA.
  • Subramanian Swamy v. ECI (2013) — VVPAT needed.
  • Abhiram Singh v. C.D. Commachen (2017) — no appeals on religion or caste, including the voter’s.
  • ADR v. Union of India (2024) — Electoral Bond Scheme struck down.

Delimitation in Three Lines

  • Delimitation Commissions were set up under Acts of 1952, 1962, 1972 and 2002.
  • Number of seats frozen on the 1971 census until the first census after 2026 (42nd Amendment, then 84th Amendment, 2001).
  • Boundaries readjusted on the 2001 census (87th Amendment, 2003).

Traps

  • Election Commission conducts elections; the High Court decides election disputes.
  • The Model Code of Conduct is not a statute.
  • NOTA votes do not lead to a re-poll, even if NOTA gets the most votes.
  • Undertrials can contest; prisoners cannot vote.
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