RULES ON CONTESTING IN INDIAN ELECTIONS
1. Context
When Congress leader Rahul Gandhi announced that he would contest from Rae Bareli in Uttar Pradesh, questions were raised on why he took the decision after the Kerala election was over — he is a contestant from Wayanad too. According to the Representation of the People Act (RPA), 1951, a candidate is permitted to contest an election from up to two constituencies, but he or she can hold only one seat at a time if elected from both
2.In How many seats can a Candidate contest?
- An amendment in 1996 introduced sub-section 33 (7) of the RPA, permitting a candidate to run for elections from two seats, removing the previous restriction on the number of constituencies a candidate could contest from.
- However, Section 70 of the same Act specifies that a candidate can only hold one seat at a time, regardless of winning from multiple seats.
- Therefore, if a candidate wins from two seats, a by-election is required for the seat they vacate.
- According to former Chief Election Commissioner N. Gopalaswami, opposition to candidates contesting from multiple seats primarily stems from the need for numerous by-elections after the polls.
- Both the Election Commission of India and the Law Commission have recommended further amendments to the RPA Act to restrict candidates to contesting from only one seat, considering that one individual cannot hold two seats simultaneously.
- However, Mr. Gopalaswami noted the challenge in achieving this change, as "no politician would like to reduce it to one from two, and laws are made by parliamentarians."
- Additionally, to contest in Assembly elections, an individual must be a voter in a specific State. However, for Lok Sabha elections, a person can be a registered voter in any constituency across the country. If someone is a registered voter in any constituency, they are eligible to contest from any seat in India, except in Assam, Lakshadweep, and Sikkim
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What is the minimum age to contest? In India, the minimum age requirement for participating in Lok Sabha and Assembly elections is 25 years, whereas individuals can only become members of the Rajya Sabha or State Legislative Council at the age of 30. There is no mandatory educational qualification necessary for contesting general elections in the country. However, candidates must be Indian citizens, registered voters in a constituency within India, and should not have been convicted of any offense punishable by imprisonment exceeding two years |
3. On What Grounds Candidate can be Disqualified?
- An individual shall be ineligible for selection or membership in either House if they hold any office of profit under the Government of India or any State government; if they have been declared of unsound mind by a competent court; if they are an undischarged insolvent; or if they are not a citizen of India or have voluntarily acquired citizenship of another country.
- According to the RPA Act, a person convicted of any offence and sentenced to imprisonment for two years or more is disqualified from contesting elections.
- Even if such an individual is released on bail pending appeal, they remain disqualified from contesting an election after conviction and while their appeal is pending.
- In cases involving certain serious offences, disqualification may occur upon conviction, irrespective of the length of the sentence
4. Changes done Over a Period of Time
- The Election Commission of India (ECI) has revised the regulations concerning political party funding during elections.
- The updated rules now entail a reduction in the cash donation threshold from ₹20,000 to ₹2,000.
- Additionally, the Electoral Bond Scheme, which permitted anonymous contributions to curtail the use of cash, was invalidated by the Supreme Court in 2024, subsequent to its notification in January 2018.
- In preparation for the 2024 elections, the ECI has imposed a prohibition on the transportation of cash in bank vehicles after sunset.
- Moreover, the Commission is actively overseeing non-scheduled chartered flights to deter the movement of cash, liquor, and drugs. Jagdeep Chokkar, a founding member of ADR, notes that despite numerous interventions, the intended impact has not materialized as political parties have managed to find ways to bypass these measures
5. Way Forward
That falls under criminal law which are enacted by politicians themselves,” he says. But he adds that the presence of central paramilitary forces has been able to put a stop to practices like booth-capturing
Source: The Hindu
