Q. 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 the 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 winning in all the constituencies.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) 1 and 3
d) 2 and 3
Correct Answer: b) 2 only
Question from UPSC Prelims 2021 GS Paper
Explanation :
Representation of the People Act (RPA), 1951
The Representation of the People Act (RPA), 1951, is the legal framework that governs elections in India. To address the statements provided, we need to refer to specific sections of the RPA and the amendments made to it over the years.
Candidate Restrictions in Lok Sabha Elections
As per the current law, the statement regarding the restriction on candidates from contesting in one Lok Sabha election from three constituencies is incorrect. The RPA 1951 was amended in 1996 to include Section 33(7), which limits the number of constituencies from which a candidate can contest in general elections. According to this amendment, a person cannot contest a general election from more than two parliamentary constituencies. Therefore, the law restricts a candidate from contesting in one Lok Sabha election from three constituencies.
The statement regarding Shri Devi Lal contesting from three Lok Sabha constituencies in the 1991 elections is correct. Before the 1996 amendment to the RPA, there was no restriction on the number of constituencies from which a candidate could contest. Therefore, Shri Devi Lal was able to contest from three Lok Sabha constituencies in the 1991 elections.
Rules on By-election Costs
The statement about the existing rules requiring a candidate’s party to bear the cost of bye-elections if a candidate contests and wins from multiple constituencies is incorrect. The existing rules, as per the RPA, do not explicitly require the candidate’s party to bear the cost of bye-elections. The cost of conducting elections is generally borne by the government. However, there have been discussions and suggestions to amend the law to include such a provision, but as of the knowledge cutoff date in 2023, no such amendment has been made to the RPA.
Given the above explanations, the correct answer to the question is “2 only,” which corresponds to the statement that Shri Devi Lal contested from three Lok Sabha constituencies in the 1991 election.
