Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules
Comments: The Constitution is supplemented by the laws of Parliament. The major laws are Representation of the People Act 1950, dealing mainly with the preparation and revision of electoral rolls, and the Representation of the People Act 1951, that takes into account all aspects of the conduct of elections and post-election disputes. In addition, the process is regulated by orders issued by the Election Commission of India.
Source: The Constitution of India: https://lddashboard.legislative.gov.in/sites/default/files/COI...pdf
The Representation of the People Act, 1950: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-1950/view
Amendment to the Representation of the People Act, 1950: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-amendment/view
The Representation of the People Act, 1951: http://aceproject.org/ero-en/index_html?filter&topic=&country=India&type=Laws%20and%20Regulations
Amendment to the Representation of the People Act, 1951: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-amendment-1/view
Verified: 2024/06/13
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments: The election of local bodies (except those in the Union Territories and cantonment areas) falls under the States per item 5, List II of VII Schedule. State laws concerning elections to local bodies must conform not only to the Constitution but also to the central laws in this respect. The central acts have ascendancy over the state acts in matters concerning representation of the people. Per article 328, a state law can only fill in the gap left by the central acts. It can neither contravene nor override the central laws so as to put the citizens to disadvantage.
Source: The Representation of the People Act, 1950, Preamble: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-1950/view
The Representation of the People Act, 1951, Preamble: http://aceproject.org/ero-en/regions/asia/IN/india-representation-of-the-people-act-1951/view
Verified: 2019/04/03
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: The Constitution of India, Article 326: http://aceproject.org/ero-en/regions/asia/IN/india-constitution-as-amended-to-2007/view
Verified: 2024/06/18
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: High Court to try election petitions.
(1) The Court having jurisdiction to try an election petition shall be the High Court.
(2) Such jurisdiction shall be exercised ordinarily by a single Judge of the High Court and the Chief Justice shall, from time to time, assign one or more Judges for that purpose:
Provided that where the High Court consists only of one Judge, he shall try all election petitions presented to that
Court.
(3) The High Court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or
partly, at a place other than the place of seat of the High Court.
Source: The Representation of the People Act 1951, Section 80A: http://legislative.gov.in/sites/default/files/04_representation%20of%20the%20people%20act%2C%201951.pdf
Verified: 2024/06/18
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