Section 2: Section 2 – Key Definitions under the Representation of the People Act, 1950

Overview

Section 2 of the Representation of the People Act, 1950 lays the groundwork for understanding the entire Act by clearly defining the key terms used throughout. It focuses on defining what constitutes a ‘State’, a ‘constituency’ (both parliamentary and state assembly), and what an ‘electoral roll’ actually is. These definitions are essential for understanding how elections are structured and how voters are registered.

Key Provisions

• Definition of ‘State’: This includes not only the states of India but also the Union territories. This is important because electoral laws apply to both.
• Definition of ‘Constituency’: The Act defines different types of constituencies – parliamentary (for Lok Sabha elections), assembly (for state legislative assembly elections), and Council (for legislative councils where they exist). Understanding these distinctions is vital.
• Definition of ‘Electoral Roll’: This is a list of people eligible to vote in a specific constituency. The Act clarifies what constitutes a valid electoral roll.
• Other Important Definitions: The section also defines terms like ‘date of notification of an election’ which are crucial for calculating timelines related to elections.

Impact on Voters and Electoral Rolls

This section directly impacts citizens because the definitions it provides determine who is eligible to be registered on the electoral roll and in which constituency they can register. The definition of ‘constituency’ dictates the geographical area voters must reside in to vote for a particular representative. Accurate definitions ensure fair representation and prevent disputes over voter eligibility and constituency boundaries.

Practical Examples

• Example 1: A person living in Delhi (a Union Territory) has the same rights to register and vote as someone living in Maharashtra (a State) because the Act defines ‘State’ to include both.
• Example 2: A dispute arises about whether a newly formed area should be added to an existing Assembly constituency or a new one should be created. The definition of ‘Assembly Constituency’ in Section 2 will be used to determine the criteria for such a decision, considering population and geographical factors.

Related Sections / Rules

Section 2 is foundational and frequently referenced in other parts of the RPA 1950. Specifically, it works closely with: Section 3 (relating to persons qualified for voting), Section 4 (regarding preparation of electoral rolls), and Section 5 (regarding qualifications for membership of Parliament). The Registration of Electors Rules, 1962 also heavily rely on these definitions for practical implementation of voter registration processes.