Section 151A of the Representation of the People Act, 1951: Time Limit for Filling Casual Vacancies

Section 151A ordinarily requires a by-election to fill a casual vacancy in Parliament or a State Legislature within six months from the occurrence of the vacancy. The section provides two express exceptions to this deadline.

At a glance: A six-month time limit generally applies to vacancies covered by Sections 147, 149, 150 and 151. It does not apply where the remaining term is less than one year or where the Election Commission, in consultation with the Central Government, certifies that holding the by-election within six months is difficult.

Text of Section 151A: Time limit for filling vacancies referred to in sections 147, 149, 150 and 151

Notwithstanding anything contained in section 147, section 149, section 150 and section 151, a bye-election for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy:

Provided that nothing contained in this section shall apply if -

(a) the remainder of the term of a member in relation to a vacancy is less than one year; or

(b) the Election Commission in consultation with the Central Government certifies that it is difficult to hold the bye-election within the said period.

Meaning of the six-month rule

The phrase "notwithstanding anything contained" is a non-obstante clause. It gives Section 151A overriding effect over the provisions in Sections 147, 149, 150 and 151 to the extent that those sections concern the time for holding a by-election. The six-month period is measured from the date the vacancy occurs, not simply from the date an election schedule is announced.

A casual vacancy is a vacancy arising in an elected seat outside the ordinary expiry of the full term, for example through resignation, death, disqualification or an election being declared void, depending on the applicable law. A by-election is the election held to fill that vacancy.

Which vacancies are covered?

Section 147: Casual vacancies in the Council of States (Rajya Sabha).
Section 149: Casual vacancies in the House of the People (Lok Sabha).
Section 150: Casual vacancies in State Legislative Assemblies.
Section 151: Casual vacancies in State Legislative Councils.

Exceptions to the six-month requirement

1. Less than one year of the term remains

Under clause (a) of the proviso, Section 151A does not apply if the remainder of the term of the member in relation to the vacancy is less than one year. This is an exception to the six-month mandate, not a prohibition on conducting a by-election under other applicable provisions.

2. Certified difficulty in holding the election

Under clause (b), Section 151A does not apply where the Election Commission, in consultation with the Central Government, certifies that it is difficult to hold the by-election within the prescribed period. Mere inconvenience or an unsupported assumption does not itself constitute the statutory certification described in the proviso.

Who conducts the by-election?

The Election Commission of India administers elections under its constitutional and statutory powers, including Article 324 of the Constitution and the Representation of the People Act, 1951. The relevant election notification, nomination and polling timetable are governed by the applicable statutory provisions, rules and official directions. Section 151A establishes the ordinary outer time limit; it does not by itself prescribe every stage of the election timetable.

Illustration of the time limit

If a covered seat becomes vacant and neither proviso applies, the by-election must be held within six months of the vacancy date. If fewer than twelve months of the member's term remain, the first proviso may take the case outside Section 151A. The precise facts and any applicable certification must be checked before concluding that a particular election has been delayed contrary to law.

Official legal sources

Consult India Code for the text of the Representation of the People Act, 1951 and amendments; the Election Commission of India for notifications and by-election schedules; and the Legislative Department for central legislation. The statutory provisions should be read together with applicable rules and judicial decisions.