CONTESTING SEATS -
POLITY
News: What are the rules on
contesting seats? | Explained
What's in the news?
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When Congress leader Rahul Gandhi announced that he
would contest from Rae Bareli in Uttar Pradesh, questions were raised on why he
took the decision after the Kerala election was over — he is a contestant from
Wayanad too.
Cap on the Number of
Seat Contested:
Provisions of the
Representation of the People Act (RPA), 1951:
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According to the sub-section, 33 (7) of the Act, a candidate is permitted to contest
an election from up to two
constituencies, but he or she can hold only one seat at a time if elected
from both.
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It was introduced through an amendment in 1996, prior to which there was no bar on the number of
constituencies from which a candidate could contest.
Important Takeaways:
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However, Section
70 of the same Act stipulates that a candidate can hold only one seat at a time, regardless of whether he or she has
been elected from more than one seat.
Concerns:
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Thus, if a candidate wins from two seats, a byelection is necessary from the seat
he or she vacates.
Conditions for the Contesting
Candidates:
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A person has to be a voter in a particular State to
contest Assembly polls from there.
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To contest in a Lok Sabha election, a person can be registered as a voter in any
constituency of the country.
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If a person is a registered voter in any
constituency, he or she can contest from any seat in India, except Assam, Lakshadweep and Sikkim.
Minimum Age to Contest:
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The minimum age for a person to contest Lok Sabha
and Assembly polls is 25 years.
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The minimum age for a person to contest Rajya Sabha
and State Legislative Council is 30
years.
Other Provisions:
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There is no
minimum educational qualification needed to contest general elections in
India.
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Candidates must be citizens of India.
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He must be registered in some constituency of the
country as a valid voter.
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He must not
have been convicted of any offence punishable by more than two years.
Disqualification of the
Candidate:
According to the
Constitutional Provision:
A person shall be disqualified from being chosen as or being a member of
either House
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If he holds any office of profit under the Government of India or the Government of
any State.
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If he or she is of unsound mind and stands so declared by a competent court.
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If he or she is an undischarged insolvent.
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If he or she is not a citizen of India or has voluntarily acquired the citizenship
of a foreign state.
According to the Legal
Provision:
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Under the RPA Act, if a person is convicted of any
offence and sentenced to an imprisonment
of two years or more, this will lead to his disqualification to contest
elections.
○
Even if this person is out on bail, after the
conviction and his appeal is pending for disposal, he or she is disqualified
from contesting an election.
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For some categories of serious offences, one may incur disqualification for any
conviction, regardless of the quantum of punishment.
Reforms by EC over the
years:
The ECI has amended the rules for political party funding during elections.
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The new regulations include decreasing the cash donation limit from ₹20,000 to ₹2,000.
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The Electoral
Bond Scheme, notified in January, 2018, allowing anonymous contributions to
limit use of cash, was scrapped by the Supreme Court in 2024.
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For the 2024 polls, the ECI has banned cash
transportation in bank vehicles after sunset.
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The Commission is also monitoring non-scheduled chartered flights for cash, liquor, and
drug movement.