Representation of the People Act, 1951 / General procedure at elections
Section 55: Eligibility of Scheduled Castes and Scheduled Tribes for Unreserved Seats
Section 55 of the Representation of the People Act, 1951 clarifies that membership of a Scheduled Caste (SC) or Scheduled Tribe (ST) does not disqualify a person from holding a seat that is not reserved for those communities. The person must still satisfy the other applicable constitutional and statutory qualifications.
What does Section 55 say?
The substantive provision declares: For the avoidance of doubt it is hereby declared that a member of the Scheduled Castes or of the Scheduled Tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seat under the Constitution and this Act or under the Government of Union Territories Act, 1963 (20 of 1963), as the case may be.
In simple terms, a candidate's SC or ST status is not a ground of ineligibility for an unreserved seat. Section 55 is a clarification about eligibility; it does not remove requirements relating to citizenship, age, elector status, disqualifications or other conditions under applicable law.
Meaning of important legal terms
- Scheduled Castes and Scheduled Tribes: Communities specified under Articles 341 and 342 of the Constitution, respectively, through the applicable constitutional orders and amendments.
- Reserved seat: A seat reserved for eligible members of SCs or STs under the applicable constitutional and electoral provisions, including Articles 330 and 332 concerning the Lok Sabha and State Legislative Assemblies.
- Unreserved seat: A seat not earmarked exclusively for an SC or ST candidate. Eligible persons, including SC and ST candidates, may contest it.
- Otherwise qualified: The candidate must meet the relevant qualifications and must not incur applicable disqualifications under the Constitution and election law.
How Section 55 works in practice
| Situation | Position under election law |
|---|---|
| SC candidate contests an unreserved seat | SC status alone does not disqualify the candidate; other eligibility rules still apply. |
| ST candidate contests an unreserved seat | ST status alone does not disqualify the candidate; other eligibility rules still apply. |
| Candidate seeks an SC- or ST-reserved seat | The specific reservation and qualification requirements for that seat must be satisfied. |
| Candidate has another statutory disqualification | Section 55 does not override that disqualification. |
Relevant constitutional and statutory provisions
Articles 84 and 173 prescribe core qualifications for membership of Parliament and State Legislatures. Articles 102 and 191 address disqualifications. The Representation of the People Act, 1951 supplements these rules through its provisions on qualifications and disqualifications, including Sections 3 to 10A, as applicable. For Union Territories, the Government of Union Territories Act, 1963 may also be relevant.
Section 55 must be distinguished from provisions governing who may contest a reserved constituency. It confirms eligibility for an unreserved seat and does not change the reservation framework.
Status of Section 55A
The earlier Section 55A, concerning retirement from contest at elections in Parliamentary and Assembly constituencies, was repealed by Section 22 of the Representation of the People (Amendment) Act, 1958. It is not an operative procedure under the present Act.
Official legal sources
- Representation of the People Act, 1951 - India Code
- Constitution of India - Legislative Department
- Election Commission of India - election guidance
- India Code - Central Acts
Read the applicable constitutional orders, constituency reservation notifications and election instructions alongside Section 55 when assessing eligibility in a particular election.