UPSC CSE Prelims
Representation of the People Act Previous Year Questions (PYQs)
Practice solved questions for Representation of the People Act with detailed step-by-step solutions, key insights, and trend analysis for UPSC CSE PRELIMS.
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Consider the following statements:
- In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
- In 1991, Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies
- As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 2 — 2 Only
This question tests knowledge about the rules governing the number of constituencies from which a candidate can contest in Lok Sabha elections. The correct answer is Statement 2 only, as Shri Devi Lal did contest from three constituencies in 1991, which was permissible before the 1996 amendment that restricted candidates to a maximum of two constituencies.
❌ Statement 1 – Incorrect: Section 33(7) of the Representation of the People Act, 1951, was amended in 1996 to restrict candidates from contesting from more than two constituencies (not three) in a single general election or bye-elections held simultaneously.
✅ Statement 2 – Correct: In the 1991 Lok Sabha elections, Shri Devi Lal contested from three constituencies: Rohtak (Haryana), Sikar (Rajasthan), and Ferozepur (Punjab). This was permissible at that time as the two-constituency limit was only introduced in 1996.
❌ Statement 3 – Incorrect: There is no provision in the Representation of the People Act or election rules requiring a candidate or their party to bear the cost of bye-elections. The expenditure for conducting bye-elections is borne by the respective State Governments and the Central Government through the Election Commission.
📝 Short Notes: Contesting from Multiple Constituencies
| Aspect | Details |
|---|---|
| Legal Provision | Section 33(7) of the Representation of the People Act, 1951 |
| Before 1996 | No limit on the number of constituencies a candidate could contest from |
| After 1996 Amendment | A candidate can contest from a maximum of two constituencies only |
| Cost of Bye-elections | Borne by State/Central Government through Election Commission, not by the candidate or party |
| Historical Example | Shri Devi Lal contested from three constituencies in 1991 (Rohtak, Sikar, Ferozepur) |
| Rationale for Restriction | To reduce the financial burden of bye-elections and prevent misuse of the electoral system |
Right to vote and to be elected in India is a:
Detailed Explanation:
Answer: Option 3 — Constitutional Right
The right to vote and to be elected in India is a constitutional right derived from Article 326 of the Indian Constitution, which provides for universal adult suffrage for elections to the Lok Sabha and State Legislative Assemblies. Unlike fundamental rights which are justiciable and enforceable through courts under Article 32, the right to vote is a statutory right created by the Constitution and regulated by the Representation of the People Act. The Constitution (Sixty-first Amendment) Act, 1988, lowered the voting age from 21 to 18 years to enhance democratic participation, though this right remains subject to reasonable restrictions such as non-residence, unsoundness of mind, crime, or corrupt practices.
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