Representation of the People Act, 1951 • Part III
Section 15A: Notification for Certain Elections to Legislative Councils
Section 15A is a special provision governing the notifications required for the initial constitution of the Legislative Councils of Madhya Pradesh and Andhra Pradesh under the legislation expressly named in the section. It should not be confused with the ordinary process for biennial elections to existing Legislative Councils under Section 16.
Section 15A - statutory provision
For the purpose of constituting the Legislative Council of the State of Madhya Pradesh under the States Reorganisation Act, 1956 (37 of 1956), and constituting the Legislative Council of the State of Andhra Pradesh under the Legislative Councils Act, 1957 (37 of 1957), the Governor of each of the aforesaid States shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon the members of the Legislative Assembly of the State and all the Council constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder.
Meaning and scope of Section 15A
The section was enacted for specified historical situations involving the creation of a Legislative Council. It refers expressly to the States Reorganisation Act, 1956 and the Legislative Councils Act, 1957. Its wording does not create a general standing power to constitute every new Legislative Council. The legal and constitutional position of each State, including whether a Council exists, must be checked separately.
Who issues the notification?
The Governor of the State concerned issues the notification in the Official Gazette of the State. The date or dates are those recommended by the Election Commission of India. The notification formally calls upon the relevant electors to elect members.
Who elects the members?
Section 15A identifies members of the State Legislative Assembly and all Council constituencies. Under Article 171 of the Constitution, Legislative Councils may comprise members elected by local authorities, graduates, teachers and Legislative Assembly members, with a portion nominated by the Governor. The composition and applicable electoral process depend on the constitutional and statutory scheme.
Which election rules apply?
Elections called under Section 15A must comply with the Representation of the People Act, 1951 and applicable rules and orders, including the election programme and procedures prescribed under the Conduct of Elections Rules, 1961, where applicable.
How the notification process operates
- Legal basis: The specified legislation provides for constitution of the Council.
- Election Commission recommendation: The Commission recommends the date or dates for issuing the notifications.
- Governor's notification: One or more notifications are published in the State Official Gazette.
- Election process: Eligible Legislative Assembly members and Council constituencies elect members according to applicable election law.
Difference between Sections 15, 15A and 16
| Provision | Subject | Purpose |
|---|---|---|
| Section 15 | State Legislative Assembly general election | Constitution of a new Assembly on expiry or dissolution |
| Section 15A | Specified Legislative Council elections | Initial constitution of Councils under the named Acts |
| Section 16 | Biennial Legislative Council election | Filling seats vacated by retirement on expiry of members' terms |
Historical and present-day relevance
Section 15A is retained here as part of the statutory text, but its named purposes are historical and specific. In particular, a reference to the proposed Madhya Pradesh Council in the 1956 legislation should not be taken to mean that Madhya Pradesh currently has a functioning Legislative Council. Likewise, the present operation or constitution of a Council cannot be inferred from this provision alone. Current election notifications should be checked against the relevant State law and the Election Commission's official publications.
Official legal resources
- India Code - Central Acts, including the Representation of the People Act, 1951
- Election Commission of India - notifications and election information
- Legislative Department - Constitution of India (Articles 169 and 171)
- e-Gazette of India - official publications
Frequently asked questions
Does Section 15A apply to every Legislative Council election?
No. It specifically addresses initial constitution under the named Acts. Ordinary biennial elections are addressed by Section 16.
Can the Election Commission issue the Governor's notification?
Section 15A specifies publication by the Governor on dates recommended by the Election Commission; the two functions should not be confused.
What does a Council constituency mean?
It refers to an electoral constituency established for electing members of a State Legislative Council, in accordance with Article 171 and the applicable electoral legislation.
This article explains the statutory scheme and its historical context. For any actual election, consult the current Gazette notification, applicable State legislation and official Election Commission instructions.