Q. Consider the following statements regarding the provisions of the Representation of People Act (RPA) 1951:
1. RPA, 1951 covers provisions related to qualifications of membership of Parliament and State Legislature, conduct of elections, corrupt practices and electoral offences.
2. Political parties must reveal donations received through electoral bonds as per RPA, 1951.
3. The Election Commission can reduce the period of disqualification of a person under RPA, 1951.
4. As per RPA, one candidate can contest from maximum two constituencies in a general election.
How many of the above-given statements are correct?
Exp) Option c is the correct answer.
the Representation of the People Act, 1951 was enacted to provide the provisions for the actual conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State.
Statement 1 is correct: Representation of People Act, 1951 contains provisions relating to qualifications and disqualifications for membership of Parliament and State Legislature, notification of general election, administrative machinery for the conduct of election, disputes regarding election, corrupt practices and electoral offences.
Statement 2 is incorrect: a donor may buy an electoral bond at specified banks and branches using electronic modes of payment and after having completed the KYC requirements. However, political parties are not required to disclose the source of these bonds to the Election Commission of India.
Statement 3 is correct: As per section 8 of Representation of the People Act, 1951 anyone sentenced to imprisonment of two years or more faces disqualification, from the date of such conviction and a bar of six years is imposed for contesting elections after serving a term in prison. The RPA itself provides under Sec. 11 of the Act, that EC may record reasons and either remove, or reduce the period of, a person’s disqualification.
Statement 4 is correct: As per Section 33(7) of the RPA (Representation of the People Act), 1951, one candidate can contest from a maximum of two constituencies. More than two constituencies were allowed until 1996.
| Important Tips Section 62(5) of the Representation of the People Act, 1951, which prevents persons with criminal background (in confinement) from participating in election. Sections 123(3and 125 of the RPA bars the promotion of animosity on the grounds of race, religion, community, caste, or language in reference to elections and include it under corrupt electoral practices. |
