Acts and Rules relating to the Election Laws
Presidential and Vice-Presidential Elections Act 1952 - This act was enacted by the Indian Parliament for the election to the offices of President and Vice-President of India.
Presidential and Vice-Presidential Elections Rules 1974 - This is a supplementary set of rules to the Presidential and Vice-Presidential Elections Act 1952.
Representation of the People Act 1950 - This Act governs the conduct of elections to State Legislatures and to Parliament. This act is concerned with the preparation of electoral rolls and their revisions.
The Registration of Electors Rules 1960
Under Section 28 of the Act, these rules were made by the Central Government along with the Election Commission, and supplements the provisions of this act with detailed rules. All rules relating to the preparation of electoral rolls, their periodic updating and revision fall under this provision. It provides for the registration of eligible electors and the issue of voter ID cards or electoral identity cards with the voter’s photograph. It also includes rules on the inclusion of eligible voters, the exclusion of ineligible voters and any corrections required. With these rules, the Election Commission is empowered to prepare the photo electoral rolls which will contain the name, photograph and other particulars of the electors.
Representation of the People Act 1951
This Act governs the actual conduct of elections to State Legislatures and to Parliament. According to this Act, all post election matters that comprise of doubts and disputes that arise out of the elections or are in connection with the elections, will be dealt with in accordance to the provisions of this Act. All disputes can be raised in the High Court of the respective State. These post election matters can be raised after the election is over and not during the process of it.
Conduct of Elections Rules 1961
These rules were framed under Section 169 of the Act by the Central Government along with the Election Commission. It deals with detailed rules for every stage of the conduct of elections. It encompassses the issue of the writ notification for conducting elections, filing of nominations, and the scrutiny of the nominations. It also deals with withdrawal of candidates. Taking the polls and counting votes are also governed by these rules. Finally, the constitution of the Houses based on the results are also categorised under these rules.
Contact LawWagon for any assistance relating to Election Laws in India!