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REPRESENTATION OF THE PEOPLE ACT

Ministry of Law and Justice

Act nº 43 of 1950


  • Part I
  • Part II
  • Part IIA. Officers
  • Part IIB
  • Part III. Electoral Rolls for Assembly Constituencies
  • Part IV. Electoral Rolls for Council Constituencies
  • Part IVA. Manner of Filling Seats in the Council of States to Be Filled by Representatives of Union Territories
  • Part V
  • Schedules
  • Amending Acts
  • Act nº 43 of 1950

Preamble

THE REPRESENTATION OF THE PEOPLE ACT, 1950

[Act, No. 43 of 1950]

[12th May, 1950]

PREAMBLE

An Act to provide the allocation of seats in and the delimitation of constituencies for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls,1[ the manner of filling seats in the Council of States to be filled by representatives of2[Union territories], and matters connected therewith.

BE it enacted by Parliament as follows:

1. Inserted by Act 73 of 1950, Section 2.

2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part C States".


Part I

Section 1. Short title

This Act may be called the Representation of the People Act, 1950.

Section 2. Definitions

1[***] In this Act, unless the context otherwise requires,-

(a) "article" means an article of the Constitution;

(b) "Assembly constituency" means a constituency provided2[by law] for the purpose of elections to the Legislative Assembly of a State;

(c) "Council constituency" means a constituency provided3[by law] for the purpose of elections to the Legislative Council of a State;

4[***]

(d) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "order" means an order published in the Official Gazette;

(f) "parliamentary constituency" means a constituency provided5[by law] for the purpose of elections to the House of the People;

6[***]

(g) "person" does not include a body of persons;

(h) "prescribed" means prescribed by rules made under this Act;

7[(i) "State" includes a Union territory;]

(j) "State Government", in relation to a Union territory, means the administrator thereof.

8[***]

1. The brackets and figure "(1)" omitted by Act 103 of 1956, Section 65.

2. Substituted by Act 2 of 1956, Section 2, for "by order made under section 9".

3. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "by order made under section 11".

4. Clause (cc) Inserted by Act 73 of 1950, Section 3 and omitted by Act 103 of 1956, Section 65.

5. Substituted by Act 2 of 1956, Section 2, for "by section 6 or by order made thereunder".

6. Clause (ff) Inserted by Act 67 of 1951, Section 2, was omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, Section 3 and Schedule w.e.f. 21-1-1972.

7. Substituted by the North-Eastern Areas (Reorganisation) (Adaptations of Laws on Union Subjects) Order, 1974, Section 3and Schedule, for the former clause (i) w.e.f. 21.1.1972.

8. Sub-section (2) omitted by the Adaptation of Laws (No. 2) Order, 1956.


Part II

Section 3. Allocation of seats in the House of the People

1[3. Allocation of seats in the House of the People

The allocation of seats to the States in the House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of each State shall be shown in the First Schedule.

1. Substituted by Act 47 of 1966, Section 2, for sections 3 and 4 w.e.f. 14-12-1966.


Section 4. Filling of seats in the House of the People and parliamentary constituencies

1[***]

2[(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be

filled by persons chosen by direct election from parliamentary constituencies in the States.]

(3) Every parliamentary constituency referred to in sub-section (2) shall be a single-member constituency.

(4) Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency.

4[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 and the extent of the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of sections 10A and 10B of the Delimitation Act, 2002(32 of 2002).]

1. Sub-section (1) omitted by Act 29 of 1975, Section 11 w.e.f. 15-8-1975.

2. Substituted by Act 29 of 1975, Section 11, for sub-section (2) w.e.f. 15-8-1975.

3. Substituted by Act 88 of 1976, Section 2, for sub-section (5).

4. Substituted by Representation of the People (Amendment) Act, 2008 for the following :-

3[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except theparliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 1972 (76 of 1972) and the extent of the parliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission under the provisions of the Government of Union Territories Act, 1963 (20 of 1963).]]


Section 5. Parliamentary constituencies

[Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), Section 4].

Section 6. Delimitation of parliamentary constituencies

[Rep. by the Adaptation of Laws (No. 2) Order, 1956].

Section 7. Total number of seats in Legislative Assemblies and Assembly constituencies

1[7. Total number of seats in Legislative Assemblies and Assembly constituencies

(1)2[Subject to the provisions of3[sub-sections (1A), (1B) and (1C)], the total number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from assembly constituencies, and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as shown in that Schedule:

Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of the State of Nagaland shall be4[fifty-two], of which-

(a)5[twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the Governor, after consulting that Council may, by notification in the Official Gazette, specify, and

(b) the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State.

6[(1A) Notwithstanding anything contained in sub-section (1), the total number of seats in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which-

(a) twelve seats shall be reserved for Sikkimese of Bhutia Lepcha origin;

(b) two seats shall be reserved for the Scheduled Castes of the State; and

(c) one seat shall be reserved for the Sanghas referred to in section 25A.

Explanation.-In this sub-section "Bhutia" includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]

7[(1B) Notwithstanding anything contained in sub-section (1), in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, to be constituted at any time after the commencement of the Representation of the People (Third Amendment) Act, 1987 (40 of 1987),-

(a) 12[fifty-nine seats] shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Arunachal Pradesh;

(b) fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Meghalaya;

(c) thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Mizoram; and

(d) fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Nagaland.]

8[(1C) Notwithstanding anything contained in sub-section (1), twenty seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Tripura to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1992].

(2) Every Assembly constituency referred to9[in sub-section (1) or sub-section (1A)] shall be a single-member constituency.

11[(3) The extent of each assembly constituency in all the States and Union territories except the assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002(33 of 2002) and the extent of each assembly constituency in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of sections 10A and 1 OB of the Delimitation Act, 2002.]

1. Substituted by Act 47 of 1966, Section 4, for section 7 w.e.f. 14-12-1966. Original sections 8 and 9 were rep. by Act 2 of 1956, Section 5 and the Adaptation of Laws (No. 2) Order, 1956, respectively.

2. Substituted by Act 8 of 1980, Section 2, for certain words w.e.f. 1-9-1979.

3. Substituted by Act 38 of 1992, Section 2, for "sub-sections (1A) and (1B)" w.e.f. 5-12-1992.

4. Substituted by Act 61 of 1968, Section 4, for "forty-six".

5. Substituted by Act 61 of 1968, Section 4, for "six seats".

6. Inserted by Act 8 of 1980, Section 2 w.e.f. 1-9-1979.

7. Inserted by Act 40 of 1987, Section 2 w.e.f. 22-9-1987.

8. Inserted by Act 38 of 1992, Section w.e.f. 22-9-1987.

9. Substituted by Act 8 of 1980, Section 2, for "in sub-section (1)" w.e.f. 1-9-1979.

10. Substituted by Act 88 of 1976, Section 3, for sub-section (3).

11. Substituted by the Representation of the People (Amendment) Act, 2008 for the following :-

10[(3)2[The extent of each Assembly constituency in all the States and Union territories except the assembly constituencies in the State of Sikkim and] in the Union territory of Arunachal Pradesh shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 1972 (76 of 1972)6[; the extent of each Assembly constituency in the State of Sikkim shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as amended by section 4 of the Representation of the People (Amendment) Act, 1980 (8 of 1980)] and the extent of each Assembly constituency in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission made under the provisions of the Government of Union Territories Act, 1963 (20 of 1963)].

12. Substituted by the Representation of the People (Amendment) Act, 2008 for the words "thirty-nine seats".


Section 7A. Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies

1[7A. Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies

(1) Notwithstanding anything contained in section 7, in the Legislative Assembly of the State of Sikkim [deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the Legislative Assembly of that State duly constituted], the total number of seats to be filled by persons chosen by direct election from assembly constituencies shall be 32.

(2) Every Assembly constituency referred to in sub-section (1) shall be a single-member constituency.

(3) In the Legislative Assembly so deemed to be duly constituted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975.]

1. Inserted by Act 10 of 1976, Section 2 and Schedule w.e.f. 9-9-1975.


Section 8. Consolidation of delimitation orders

3[(1) Having regard to all the orders referred to in sub-section (5) of section 4 and sub-section (3) of

section 7 relating to the delimiation of parliamentary and assembly constituencies in all States and Union territories, except the State of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation Commission and published in the Official Gazette, the Election Commission shall--

(a) after making such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the parliamentary and assembly constituencies as given in such orders, without, however, altering the extent of any such constituency;

(b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made applicable pursuant to the orders made by the President under section 10A of the Delimitation Act, 2002(33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of section 10B of the said Act relating to delimitation of parliamentary and assembly constituencies in the State of Jharkhand,

consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in sub-section (5) of section 4 and sub-section (3) of section 7 and shall have the force of law and shall not be called in question in any court.]

(2) As soon as may be, after the said Order is received by the Central Government or by the Government of a State, that Government shall cause it to be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.

2 [(3) The consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4, or as the case may be, sub-section (3) of section 7 shall not, 4[as provided in sub-section (5) of section 10 of

the Delimitation Act, 2002(33 of 2002)], affect the representation in, and the territorial constituencies of, the House of the People or the Legislative Assembly of the State existing on the date of publication in the Gazette of India of any such order or orders as may be relevant.]

1. Substituted by Act 88 of 1976, Section 4, for certain words.

2. Inserted by Act 88 of 1976, Section 4.

3. Substituted the Representation of the People (Amendment) Act, 2008 for the following :-

"(1) As soon as may be, after all the orders referred to in sub-section (5) of section 4 or in sub-section (3) of section 7 relating to the delimitation of parliamentary and assembly constituencies have been made by the Delimitation Commission or, as the case may be, the Election Commission and published in the Official Gazette, the Election Commission shall, after making such amendments as appears to it to be necessary for bringing up-to-date the description of the extent of the Parliamentary and assembly constituencies as given in such orders, consolidate all such orders into one single order to be known as 1 [the Delimitation of Parliamentary and Assembly Constituencies Order, 1976] and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in subsection (5) of section 4 or in sub-section (3) of section 7 and shall have the force of law and shall not be called in question in any Court."

4. Substituted the Representation of the People (Amendment) Act, 2008 for the words, brackets and figures "as provided in sub-section (5) of section 10 of the Delimitation Act, 1972(76 of 1972)"


Section 8A. Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland

1[8A. Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland

(1) If the President is satisfied that the situation and the conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur and Nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002(33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission.

(2) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine--

(a) the parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine--

(a) the assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(4) Subject to the provisions of sub-section (1), the Election Commission shall, having regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of section 9 of the Delimitation Act, 2002(33 of 2002) determine the parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.

(5) The Election Commission shall, --

(a) publish its proposals under sub-sections (2), (3) and (4) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(b) specify a dale on or after which the proposals will be further considered by it;

(c) consider all objections and suggestions which may have been received by it before the date so specified;

(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of parliamentary and assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication the order shall have the force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.

(6) Every order made under sub-sections (1) and (2) and clause (e) of sub-section (5) shall be laid before each House of Parliament.

(7) Every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.]

1. Inserted by the Representation of the People (Amendment) Act, 2008.


Section 9. Power of Election Commission to maintain Delimitation Order up-to-date

(1) The Election Commission may, from time to time, by notification published in the Gazette of India and in the Official Gazette of the State concerned,-

3[(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;

(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under section 8A of this Act or any other Central Act;]

(b) where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date.

(2) Every notification under this section shall be laid as soon as may be after it is issued, before the House of the People and the Legislative Assembly to the State concerned.

1. Substituted by Act 88 of 1976, Section 5, for certain words.

2. Inserted by Act 21 of 1989, Section 2.

3. Substituted by Representation of the People (Amendment) Act, 2008 for the following :-

"(a) correct any printing mistake in1[the Delimitation of Parliamentary and Assembly Constituencies Order, 1966, or, as the case may be, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976] or any error arising therein from inadvertent slip or omission;

2[(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under any Central Act;]"


Section 9A. Omitted

9A. 2[***]

1. Inserted by Act 38 of 1987, Section 2 w.e.f. 21-9-1987.

2. Omitted by the Representation of the People (Amendment) Act, 2008 for the following :-

"1[9A. Power of Election Commission to determine the constituencies to be reserved for Scheduled Tribes in certain States

(1) As soon as may be after the coming into force of the Representation of the People (Second Amendment) Act, 1987, (38 of 1987) the Election Commission shall, having regard to the provisions of the Constitution and the principle specified in clause (d) of sub-section (1) of section 9 of the Delimitation Act, 1972 (76 of 1972), determine the assembly constituencies in the States of Meghalaya, Mizoram and Nagaland in which seats shall be reserved for the Scheduled Tribes.

(2) The Election Commission shall,-

(a) publish its proposals under sub-section (1) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(b) specify a date on or after which the proposals will be further considered by it;

(c) consider all objections and suggestions which may have been received by it before the date so specified;

(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the assembly constituency or constituencies in the State in which seats shall be reserved for the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the full force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, or, as the case may be, the Mizoram (Delimitation of Assembly Constituencies) Order, 1986 shall be deemed to have been amended accordingly.

(3) Every order made under sub-section (2) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.

Explanation.-For the purposes of this section, "assembly constituency" means,-

(a) in relation to the States of Meghalaya and Nagaland, the assembly constituencies in those States as specified in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976; and

(b) in relation to the State of Mizoram, the assembly constituencies as specified in the Mizoram (Delimitation of Assembly Constituencies) Order, 1986.]"