Section 73A - Special Provisions as to Certain Elections
Section 73A of the Representation of the People Act, 1951 contains a special, historically limited arrangement for constituting the new Lok Sabha following the dissolution of the Ninth Lok Sabha. It permitted the general election notification to proceed without waiting for parliamentary elections in the then State of Jammu and Kashmir.
What does Section 73A provide?
Notwithstanding Section 73 or any other provision of the Act, for the general election to constitute a new House of the People following dissolution of the Ninth House:
- The notification under Section 73 could be issued without taking into account the parliamentary constituencies in the State of Jammu and Kashmir.
- The Election Commission could arrange the elections for those constituencies separately, in the manner and on the date or dates it considered appropriate.
This is an explanatory rendering of clauses (a) and (b). For the authoritative statutory text, consult the Representation of the People Act, 1951 (India Code, official PDF).
Meaning of the important legal terms
Non-obstante clause
The words notwithstanding anything contained give Section 73A priority over inconsistent provisions, including Section 73, but only within the specific election described by Section 73A.
Section 73 - Publication of general election results
Section 73 governs the Election Commission's notification in the Official Gazette of elected members after a general election. The notification has legal significance for the constitution of the new House of the People or State Legislative Assembly, subject to the qualifications in that section.
House of the People and Election Commission
The House of the People is the Lok Sabha, the directly elected House of Parliament. The Election Commission of India is the constitutional authority entrusted with the superintendence, direction and control of elections under Article 324 of the Constitution.
Why was this special provision enacted?
The provision addressed the exceptional circumstances surrounding the 1991 general election. It enabled publication of the notification constituting the new Lok Sabha without requiring completion of the parliamentary elections in the then State of Jammu and Kashmir. Those elections could be addressed separately by the Election Commission.
Does Section 73A apply to present-day general elections?
Although Section 73A appears in published compilations of the Act, its wording expressly ties it to the election following dissolution of the Ninth Lok Sabha. It should therefore be read as a special historical provision, not a standing exception for present-day elections. Jammu and Kashmir's subsequent reorganisation does not rewrite the historical reference in the provision.
Related statutory provisions
Representation of the People Act, 1951 | Section 71 | Section 74
Official legal resources
India Code - Representation of the People Act, 1951 | Election Commission of India | Gazette of India