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Section 32 of the Representation of the People Act, 1951 - Nomination of Candidates for Election

Section 32 determines who may be nominated as a candidate in an election. A nomination is permissible only where the person meets the qualifications applicable to the particular seat under the Constitution and election legislation.

Meaning and scope of Section 32

Section 32, titled Nomination of candidates for election, provides that a person may be nominated to fill a seat if qualified to be chosen for that seat under the Constitution and the Representation of the People Act, 1951, or, where applicable, the Government of Union Territories Act, 1963.

Key distinction: Eligibility under Section 32 does not by itself make a nomination valid. The candidate must also comply with the prescribed nomination procedure and must not suffer from an applicable disqualification.

Qualifications for nomination

Qualifications depend on the legislative body and seat involved. Relevant constitutional provisions include:

  • Article 84: Qualifications for membership of Parliament, including citizenship, the prescribed oath or affirmation, age requirements (25 years for the Lok Sabha and 30 years for the Rajya Sabha), and other qualifications laid down by Parliament.
  • Article 173: Qualifications for membership of a State Legislature, including citizenship, oath or affirmation, age requirements (25 years for the Legislative Assembly and 30 years for the Legislative Council), and statutory qualifications.
  • Sections 3 to 6 of the Representation of the People Act, 1951: Additional qualifications for membership of the Council of States, House of the People and State Legislatures, including provisions concerning reserved seats.
  • Sections 7 to 11A: Definitions and disqualifications, including those relating to specified convictions, corrupt practices, dismissal for corruption or disloyalty, government contracts and certain electoral offences.

Constitutional disqualifications under Articles 102 and 191 must also be considered. Qualifications for a reserved seat and special constituencies require separate examination.

Procedure after establishing eligibility

  1. Election schedule: Under Section 30, the Election Commission appoints dates for nominations, scrutiny, withdrawal and polling.
  2. Public notice: Under Section 31, the Returning Officer issues public notice inviting nominations and specifying the delivery location.
  3. Nomination paper: Section 33 prescribes presentation, signatures and other requirements. Generally, papers are delivered between 11 a.m. and 3 p.m. by the candidate or proposer on an eligible nomination day.
  4. Proposers: In Lok Sabha and State Assembly elections, a recognised-party candidate generally needs one proposer who is an elector of the constituency; other candidates generally need ten. Special provisions apply to certain Legislative Council and Sikkim elections.
  5. Disclosure and deposit: Section 33A concerns required disclosures; Section 34 governs security deposits. Prescribed forms and affidavits must also be complied with.
  6. Scrutiny: Under Section 36, the Returning Officer examines nominations and decides whether they may be accepted.

Difference between eligibility and valid nomination

Section 32 addresses the substantive right to be nominated. Section 33 regulates how the nomination is presented and supported, while Section 36 governs scrutiny. A person who meets the age and citizenship requirements may still have a nomination rejected for a substantial statutory defect, or be disqualified under another applicable provision.

Official legislation and election resources

Frequently asked questions

Who can be nominated under Section 32?

A person qualified for the relevant seat under the Constitution and the Representation of the People Act, 1951, or, where applicable, the Government of Union Territories Act, 1963.

Does Section 32 itself prescribe nomination-paper formalities?

No. Section 33 and the Conduct of Elections Rules, 1961 govern nomination papers and related requirements.

How many proposers are generally required?

For Lok Sabha and State Assembly elections, generally one elector for a candidate set up by a recognised political party and ten electors for other candidates, subject to special statutory rules for certain elections.

This article explains the general legal framework. For an actual election, consult the current election notification, applicable statutory rules, Election Commission directions and any special constituency provisions.