Indian Polity : Political Parties

Q 2 / 4

UPSC CSE Prelims 2021

Consider the following statements:
  1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
  2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
  3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?

EXPLANATION

Correct Option (b): (Question Dropped by UPSC)

Statement 2 is correct. In the 1991 Lok Sabha elections, Shri Devi Lal contested from three Lok Sabha constituencies. At that time, the Representation of the People Act, 1951, did not contain a provision restricting candidates from contesting from more than two constituencies. The amendment introducing this restriction was enacted in 1996.

Incorrect Options:

Statement 1 is incorrect. Section 33(7) of the Representation of the People Act, 1951, as amended in 1996, limits a candidate to contesting from a maximum of two constituencies in any general election or bye-election. Prior to this amendment, candidates were permitted to contest from multiple constituencies without such a numerical restriction.

Statement 3 is incorrect. There is no existing legal provision or rule that mandates a political party to bear the cost of bye-elections for constituencies vacated by a candidate who wins from multiple seats. Currently, the expenditure for conducting bye-elections is borne by the Election Commission of India from public funds. While this has been a subject of discussion for electoral reforms, it has not been implemented as an existing rule.

SOURCEIndian Polity by M. Laxmikanth, Chapter 68: Electoral Reforms