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Various Amendments of Representation of Peoples Acts

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First Published: March 27, 2016 | Last Updated:March 27, 2016

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The Representation of Peoples Acts have been amended for several times, often
witnessing a progressive improvement in the election process and sometimes
re ecting the tussle between the executive and judiciary. The notable changes
made in various amendments are as follows:

Contents [hide]

1956 Amendment
1966 Amendment
1988 Amendment
1996 Amendment
Amendment of 2002
Amendment of 2010
2013 Amendment

1956 Amendment
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In the 1956 amendment, it was made sure that if a person, who is elected before
the 1956 amendment, failed to lodge a return of election expenses, will not
disqualify on this ground. The idea was to give safety to those who got elected
before the enactment of the act because the retrospective disclosure of such
expenses would only irreparably open a Pandora’s Box. Similarly, if a person who
has been disquali ed on account of illegal practice or corrupt practice before
enactment of this act would also remain safe.
1966 Amendment
The original act had provisions of Election Tribunals for hearing election petitions.
In 1962, after the third general election, the Election Commission had in its report
recommended the abolition of election tribunals and suggested that the high
court should hear the election petitions. Thus, via the 1966 amendment of the act,
the Election Tribunals were abolished and election petitions were transferred to
the High Courts, whose decisions could be challenged in Supreme Court. At
present, only the disputes related to election of President and Vice-President are
directly heard by the Supreme Court.
1988 Amendment
Two notable changes made in the 1988 act were related to adjournment of poll or
countermanding of elections on ground of booth capturing and Voting Machines.
1996 Amendment
The important changes made in the 1996 amendment of the 1950 and 1951 acts
were as follows:
Addition of offences of insulating the national ag, and constitution of India

Addition of offence of preventing the singing of national anthem of India.

Power of election commission to nominate a government of cial as Observer

to watch conduct of elections in a constituency or several constituencies. The
Observer was given power to direct the returning of cer to stop the counting of
votes at any time before the declaration of the result or not to declare the result

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if in the opinion of the Observer booth capturing has taken place at a large
number of polling stations.

Once the Observer directs the returning of cer to do so, he shall submit a
report to the election commission.
This amendment made provisions that the names of the candidates appear on the
ballot paper in alphabetical order so that voter can easily identify him or her.
Amendment of 2002
Via this amendment, a new section 33A (Right to Information) was inserted in the
1951 act.  This amendment protects the right of voters to know the antecedents
of the candidates. Each contesting candidate is now required to provide the
information regarding the conviction of offences or accused of any offence if any
to the returning of cer while ling the nomination, along with an af davit.
Via this act, the provisions related to the declaration of assets and liabilities were
also included. It also made provisions for penalty for ling false af davits.
Amendment of 2008
Via this amendment, the exit polls and publishing the results of exit polls prior to
strat and completion of all phases of polls was banned. This amendment put more
restrictions on government of cials in election duty.
Amendment of 2010
The Representation of People’s (Amendment) Act 2010 makes provision for
voting rights to non-resident Indians. It provides that every citizen of India whose
name is not included in the electoral roll and who has not acquired the citizenship
of any other country and who is absenting from his place of ordinary residence in
India owing to his conditions such as employment, education, shall be entitled to
have his name registered in the electoral roll in the constituency in which his place
of residence is mentioned in his passport. Prior to this amendment, the NRIs were
barred under Section 19 of the Representation of the People’s Act, 1950, if they
remained outside India for six months for whatever reasons.
The act does not give right to context elections to NRIs. It also does not give right
to vote in absentia. NRIs are required to be physically present in their respective
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constituencies at the time of elections. However it is another matter that this does
not offer a practical solution to the manner of affecting the voting rights of NRIs.
2013 Amendment
In July 2013, Supreme Court had ruled that a person, who is in jail or in police
custody, cannot contest elections to legislative bodies. The RPA, 1951 states that
any contestant to an election to legislative bodies has to be an “elector”, i.e., his
name should be on the electoral roll and he is not subject to any of the
disquali cations mentioned in Section 16 of the Representation of People Act,
1950. Among other things, that section disquali es anyone from being on the
electoral roll if he is disquali ed from voting under the provisions of any law
relating to corrupt practices and other offences in relation to elections. Another
provision in the RPA, 1951 says that anyone in prison or on the lawful custody of
the police (other than preventive detention) is not entitled to vote.
The Supreme Court concluded that a person in jail or police custody is not entitled
to vote, and therefore, is not an elector, and thus, cannot contest elections.
To obviate this judgement, the UPA Government hurriedly passed the
Representation of the People (Amendment and Validation) Bill, 2013, which
brought two key changes:
Firstly , even if a person is prohibited from voting due to being in police custody or
in jail, as long as his name is entered on the electoral roll he shall not cease to be
an elector. This implies that he can le nomination for an election.
Secondly, de nition of “disquali ed” in the Act has been amended. Prior to this act,
the de nition of disquali ed means disquali ed for either being chosen as or
being a MP or MLA. The amendment adds a ground to the de nition that the
disquali cation has to be due to conviction for certain speci ed offences and can be on
no other ground. Conviction for only these certain offences would result in the
person’s name being removed from the electoral roll and he would cease to be an
elector.

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