Parliament Parliament of India
Bill amends voter disqualification rules after Supreme Court order
This Bill amends the Representation of the People Act, 1951, to clarify that a person who is prohibited from voting while in prison or police custody does not lose their status as an elector.
It also restricts the grounds for disqualifying a member of Parliament or State Legislature to those specifically listed in the Act, responding to a Supreme Court order that had ruled such persons were not qualified to contest elections.
Who it concerns: Members of Parliament and State Legislatures, persons confined in prison or in lawful police custody, and electoral authorities.
What the bill does
- Amends Section 7(b) to state that a member is disqualified only under the provisions of Chapter III of Part II of the Act and on no other ground.
- Inserts a proviso to Section 62(5) stating that a person whose name is on the electoral roll does not cease to be an elector due to the prohibition on voting while in prison or police custody.
- Validates the amended provisions as if they had been in force at all material times, notwithstanding any court judgment or order.
Also in the document
- The Bill is a response to a Supreme Court Division Bench order dated July 10, 2013, in the case of Chief Election Commissioner vs. Jan Chaukidar and others.
- The Government filed a petition for review of the Supreme Court order but proposed this amendment to address the situation without waiting for the review outcome.
- The Act is deemed to have come into force on July 10, 2013.
Where this bill is now: Became law (Act)
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The original document
Parliament of India — Bills (Lok Sabha & Rajya Sabha)
Bill / law · Ref. LVII · 27 Aug 2013
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