NOTE4STUDENTS:

Representation of the People Act (RPA), 1951 is an area that aspirants commonly skip or read superficially. A lack of analysis of the legal provisions is the primary reason. This article takes a focused approach on such a provision: candidates contesting from multiple constituencies—a topic often relegated to the margins of preparation. From case examples like Narendra Modi contesting from Varanasi and Vadodara in 2014, to critical issues like the high financial cost of by-elections (₹130 crore projected for 2024), the article bridges the gap between core provisions and their practical implications. The Back2Basics section, curated specifically for aspirants seeking a competitive edge, ensures you can effectively link multi-dimensional impacts like electoral fairness with UPSC GS-2 themes.

PYQ ANCHORING & MICROTHEMES:

1. GS 2 : Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. [2022]
2. GS 2: On what grounds a people’s representative can be disqualified under the Rep resentation of People Act, 1951? Also mention the remedies available to such person against his disqualification. [2019]

Microtheme: Representation of Peoples Act

In India, candidates are permitted to contest elections from more than one constituency. While this practice is commonly used by political parties as a strategy to maximize their chances of winning, it carries significant legal, financial, and democratic implications.

Political Motivations Behind Contesting from Multiple Constituencies

Provisions of the RPA, 1951 Related to Multiple Constituencies

1. Section 33(7):
   • This section permits a person to contest elections from up to two constituencies simultaneously for Lok Sabha or Vidhan Sabha (State Assembly) elections.
   • This provision was introduced in 1996 through an amendment (Representation of the People (Amendment) Act, 1996) to reduce the burden of by-elections, as candidates earlier could contest from more than two constituencies.
2. Vacating Seats in Case of Winning Multiple Constituencies:
   • If a candidate contests from two constituencies and wins both, Section 70 of the RPA, 1951, mandates that the individual can hold only one seat.
   • The candidate must submit their resignation from the other constituency, which triggers a by-election in that seat.
3. Deposit Requirement:
   • Under Section 34, candidates are required to deposit a certain amount of money as a security fee while filing their nomination.
   • While this aims to deter frivolous nominations, it does not specifically restrict candidates from contesting multiple seats.

Key Challenges and Loopholes in the Provisions

1. Cost of By-Elections: While the RPA acknowledges the resignation requirement, it does not provide measures to mitigate the significant cost of holding by-elections after a candidate vacates a seat.
   • For example, the administrative cost of the 2014 general elections was ₹3,870 crore, projected to rise to ₹6,931 crore in 2024. If multiple candidates win from two constituencies, the extra cost for holding by-elections can amount to around ₹130 crore.
2. No Restriction on Strategic Contesting: The Act does not address strategic contests where political parties field high-profile leaders in multiple constituencies to bolster their chances of winning more seats.
3. Limited Safeguards Against Voter Disenfranchisement: Although a candidate vacates one seat, there are no safeguards in the RPA to ensure continued accountability for constituents in the vacated constituency.

Way Forward

To address the issue of candidates contesting from multiple constituencies in India, here are practical solutions:

1. Change the Law: Amend the Representation of the People Act, 1951, to prevent candidates from contesting more than one seat at a time. This will reduce unnecessary by-elections and save public money.
2. Introduce Financial Responsibility: Make candidates pay a fixed amount, such as ₹5 lakh, if they win in multiple constituencies and vacate a seat. This ensures accountability for the additional costs of by-elections.
3. Empower the Election Commission: Strengthen the Election Commission’s authority to strictly monitor electoral conduct, enforce laws, and handle grievances efficiently.
4. Promote Party-Level Reforms: Encourage political parties to adopt transparent candidate selection processes based on merit and local voter preferences, rather than favoritism or strategy alone. This ensures better representation.

The practice of contesting from multiple constituencies, while legally permissible, raises questions about the balance between electoral strategy and democratic fairness. Addressing these challenges requires a reevaluation of the rules to ensure transparency, equitable representation, and accountability in the electoral process.

#BACK2BASICS: Impact of Contesting from Multiple Constituencies on Electoral Fairness