Representation of the People (Amendment) Act, 20031
| [Act 40 of 2003] | [28th August, 2003] |
[Repealed by Act 17 of 2015*]
An Act further to amend the Representation of the People Act, 1951
Be it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-
1 Received the assent of the President on 28-8-2003 and published in the Gazette of India, Extra., Part II, Section 1, dated 28-8-2003, pp. 1-2, No. 44.
* Ed.: Act 40 of 2003 repealed by Act 17 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015:
"4. Savings.- The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."
Prefatory Note-Statement of Objects and Reasons.-Section 3 of the Representation of the People Act, 1951 prescribes residential qualification for contesting elections to the Council of States. There have been numerous instances where the persons who are normally not residing in a particular State have got themselves registered as voters in that State, simply to contest an election to the Council of States. The Chief Election Commissioner, while discussing this aspect in the all party meeting held on 29th April, 2000 was of the view that a precise definition of ‘ordinarily resident’ was very difficult and emphasised that it was for the political parties, acting through Parliament, to carry out what in their judgment, might be the best possible solution, in the light of the experience of the past fifty years.
2. The Ethics Committee of Parliament in Paragraph 19 of its first report presented to Parliament on 8th December, 1998 recommended that the issue relating to open-ballot system for elections to the Rajya Sabha be examined. The issue has again given rise to concerns in the wake of allegations of money power made in the media in respect to biennial elections to the Council of States held in March-April, 2000.
3. In the light of the above, the aforesaid issues were examined in depth by the Government and it has been decided to do away with the requirement of residence of a particular State or Union Territory for contesting election to the Council of States from that State or Union Territory and also to introduce open ballot system for elections to the Council of States. Accordingly, suitable amendments are proposed to be made in certain sections of the Representation of the People Act, 1951 relating to qualification for membership of the Council of States, the manner of voting of elections, secrecy of voting and maintenance of secrecy of voting by officers, clerks, agents or other persons performing the election duty.
4. The Bill seeks to achieve the aforesaid objects.
1. Short title.-This Act may be called the Representation of the People (Amendment) Act, 2003.
2. Amendment of Section 3.-In the Representation of the People Act, 1951 (43 of 1951) (hereinafter referred to as the principal Act), in Section 3, for the words "in that State or territory", the words "in India" shall be substituted.
3. Amendment of Section 59.-In Section 59 of the principal Act, the following proviso shall be inserted at the end, namely:-
"Provided that the votes at every election to fill a seat or seats in the Council of States shall be given by open ballot.".
4. Amendment of Section 94.-In Section 94 of the principal Act, the following proviso shall be inserted at the end, namely:-
"Provided that this section shall not apply to such witness or other person where he has voted by open ballot.".
5. Amendment of Section 128.-In Section 128 of the principal Act, in sub-section (1), the following proviso shall be inserted at the end, namely:-
"Provided that the provisions of this sub-section shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the Council of States.".