Paper: GS – II, Subject: Polity, Topic: Elections and RPA, Issue: Reforming India’s Nomination Process.
Context:
The nomination process in Indian elections, governed by the Representation of the People Act, 1951, is meant to ensure only qualified candidates contest. However, it has become hindered by excessive procedural technicalities that often exclude valid candidates.
Key Takeaways:
| What is Representation of the People Act, 1950, and what are its objectives? The Representation of the People Act of 1950 (RPA 1950) is an act of the Indian Parliament, which was enacted to deal with the electoral system of the nation at the national and state level. The purpose of the RPA 1950 is to provide for the: Allocation of seats to Lok sabha and state legislative assemblies, and state legislative councils. Delimitation of constituencies for the purpose of election. Qualifications and disqualifications of voters. Preparation of electoral rolls. Manner of filling the seats. Returning officer: A Returning Officer (RO) is an official who is responsible for conducting elections in a particular constituency. The major functions of the RO are receiving and scrutinizing nomination papers of candidates who are contesting in the election, ensuring that all the necessary documents and forms are filled out correctly by the candidates, etc. |
Excessive Discretion of Returning Officers (RO):
- The Returning Officer has wide powers under Section 36 of the RP Act to scrutinize and reject nominations on “defects of a substantial character.
- “There are no clear, written guidelines defining what is “substantial,” and courts cannot intervene before elections due to Article 329(b).
- This unchecked discretion allows arbitrary rejections without candidates having a chance for clarification or correction.
Procedural Technicalities Causing Candidate Rejections:
When a nomination is rejected arbitrarily, two rights are violated: the candidate’s right to contest and the voters’ right to choose. The world’s largest democracy deserves a nomination process that is modern, fair, and inclusive, where the burden of proof is on the state to justify exclusion, not on citizens to prove their right to participate.
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