Section 2 of the Representation of the People Act, 1951: Interpretation

Section 2 of the Representation of the People Act, 1951 (Act 43 of 1951) explains the expressions used throughout the Act. These definitions govern the interpretation of provisions concerning elections to Parliament and State Legislatures, electoral rolls, corrupt practices, political parties and statutory notifications.

On this page

Definitions under Section 2(1)
Classes of constituencies
Publication in the Official Gazette
Amendments and practical interpretation
Official legal resources

Section 2(1): Statutory definitions and their meaning

Unless the context otherwise requires, the following expressions have the meanings assigned by Section 2. Terms defined in Section 2 or Section 27(1) of the Representation of the People Act, 1950 and not separately defined in the 1951 Act carry their meanings from the 1950 Act.

Clause (a) - Definitions borrowed from the 1950 Act. Expressions defined in Section 2 or Section 27(1) of the 1950 Act apply where the 1951 Act does not provide a separate definition.

Clause (b) - Appropriate authority. The Central Government is the appropriate authority for elections to the House of the People (Lok Sabha) or Council of States (Rajya Sabha); the State Government is the appropriate authority for elections to a State Legislative Assembly or Legislative Council.

Clause (bb) - Chief electoral officer. The officer appointed under Section 13A of the Representation of the People Act, 1950.

Clause (c) - Corrupt practice. Any practice specified in Section 123 of the 1951 Act, including the prohibited election-related conduct enumerated in that provision. Whether conduct constitutes a corrupt practice depends on the applicable statutory elements.

Clause (cc) - District election officer. The officer designated or nominated under Section 13AA of the 1950 Act.

Clause (d) - Election. An election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State. The former exclusion relating to the State of Jammu and Kashmir was omitted under the Jammu and Kashmir Reorganisation Act, 2019.

Clause (e) - Elector. In relation to a constituency, a person whose name appears on the electoral roll currently in force for that constituency and who is not subject to the disqualifications in Section 16 of the 1950 Act. Enrollment and absence of statutory disqualification are both important.

Clause (f) - Political party. An association or body of individual Indian citizens registered with the Election Commission under Section 29A of the 1951 Act. Registration should not be confused with recognition as a national or State party.

Clause (g) - Prescribed. Prescribed by rules made under the 1951 Act, including applicable election rules.

Clause (h) - Public holiday. A public holiday for the purposes of Section 25 of the Negotiable Instruments Act, 1881.

Clause (i) - Sign. For a person unable to write their name, authentication in the manner prescribed by the applicable rules.

Section 2(2): Different classes of constituencies

For the purposes of the Act, a Parliamentary constituency, Assembly constituency, Council constituency, local authorities' constituency, graduates' constituency and teachers' constituency are each treated as a different class of constituency. This distinction matters when applying rules and procedures that are specific to a particular kind of election.

Section 2(3): Publication in the Official Gazette

Where the Act requires a notification, order, rule, declaration, notice or list to be published in the Official Gazette, unless the Act expressly provides otherwise, the relevant publication is determined by the issuing authority and subject:

Central Government: publication in the Gazette of India.
State Government: publication in the Official Gazette of the State.
Other authority: publication in the Gazette of India for matters concerning elections to or membership of either House of Parliament, and in the State Official Gazette for matters concerning elections to or membership of a State Legislature.

Section 2(4): Different rules for different cases

Where the Act authorises a matter to be prescribed, different provisions may be made for different cases or classes of cases. This permits distinctions within delegated rules where authorised by the Act.

Amendments and current legal position

The Jammu and Kashmir Reorganisation Act, 2019 amended Section 2 by removing the words excluding the former State of Jammu and Kashmir from clause (d) and omitting the former sub-section (5), which had referred to corresponding laws applicable in that State. Those obsolete passages should not be treated as operative law.

Earlier amendments introduced or revised definitions such as chief electoral officer, district election officer, elector, political party and public holiday. Older bare-act reproductions may contain amendment footnote numbers, asterisks and deleted language; these editorial markers are not part of the operative definitions.

Interpretation note: Section 2 is a definition provision. Rights, duties, qualifications, disqualifications and election procedures must be determined by reading it with the relevant substantive provisions of the 1951 Act, the 1950 Act and the applicable rules.

Frequently asked questions

Who is an elector under Section 2?

A person enrolled in the electoral roll of the relevant constituency who is not disqualified under Section 16 of the Representation of the People Act, 1950.

What does corrupt practice mean?

It means a practice specified in Section 123 of the Representation of the People Act, 1951, subject to the precise statutory conditions of that section.

Does Section 2 still exclude Jammu and Kashmir?

No. The 2019 reorganisation legislation removed the former exclusion from clause (d) and omitted former sub-section (5).