Interpretation
Section 2 of the Representation of the People Act, 1951 deals with interpretation. In this Act, unless the context otherwise requires, (a) each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same meaning as in that Act; The Act came into force on 17 Jul 1951.
(1) In this Act, unless the context otherwise requires,
(a) each of the expressions defined in section 2 or sub-section (1) of section 27 of the Representation of the People Act, 1950 (43 of 1950), but not defined in this Act, shall have the same meaning as in that Act;
(b) "appropriate authority" means, in relation to an election to the House of the People or the Council of States 1***, the Central Government, and in relation to an election to the Legislative Assembly or the Legislative Council of a State, the State Government;
2[(bb) "chief electoral officer" means the officer appointed under section 13A of the Representation of the People Act, 1950 (43 of 1950);]
(c) "corrupt practice" means any of the practices specified in section 123 3***;
4[(cc) "district election officer" means the officer designated or nominated under section 13AA of the Representation of the People Act, 1950 (43 of 1950);]
(d) "election" means an election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State 5*** 6***;
8[(e) "elector in relation to a constituency" means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950 (43 of 1950);]
9[(f) "political party" means an association or a body of individual citizens of India registered with the Election Commission as a political party under section 29A;]
(g) "prescribed" means prescribed by rules made under this Act;
4[(h) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 (26 of 1881);]
10[(i)] "sign", in relation to a person who is unable to write his name, means authenticate in such manner as may be prescribed.
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(2) For the purposes of this Act, 13*** a Parliamentary constituency, an Assembly constituency, a Council constituency, a local authorities' constituency, a graduates' constituency and a teachers' constituency shall each be treated as a constituency of a different class.
(3) Any requirement under this Act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the Official Gazette, shall, unless otherwise expressly provided in this Act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall
(a) where it is issued or made by the Central Government, be published in the Gazette of India;
(b) where it is issued or made by a State Government, be published in the Official Gazette of the State; and
(c) where it is issued or made by any other authority, be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament 14*** and in the Official Gazette of the State if it relates to an election to, or membership of, the House or either House of the Legislature of a State.
(4) Where, under any of the provisions of this Act, anything is to be prescribed, different provisions may be made for different cases or classes of cases.
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Section 2, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- Negotiable Instruments Act s. 25 When day of maturity is a holiday
- Representation of the People Act s. 13A Chief electoral officers
- Representation of the People Act s. 13AA District election officers
- Representation of the People Act s. 16 Disqualifications for registration in an electoral roll
- Representation of the People Act s. 27 Preparation of electoral rolls for Council Constituencies
- s. 29A Registration with the Election Commission of associations and bodies as political parties
- s. 123 Corrupt practices
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anoop Baranwal vs Union of India
Court's Decision & Legal Precedent
Till Parliament makes a law under Article 324(2) regarding the appointment of Chief Election Commissioner and Election Commissioners, the President shall appoint them on the recommendation of a three-member committee comprising the Prime Minister, the Leader of Opposition in Lok Sabha (or Leader of largest opposition party if no recognized opposition leader), and the Chief Justice of India. This constitutional vacuum requires judicial intervention to protect the independence of the Election Commission which is essential to democracy and rule of law. The right to vote has constitutional dimensions flowing from multiple fundamental rights provisions and is not merely statutory. The court is competent to issue such guidelines under Article 142 pending parliamentary legislation.
On this section: Provides statutory framework for elections and defines right to vote subject to Constitution; Section 29A deals with registration of political parties
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Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil
Court's Decision & Legal Precedent
Improper rejection of a nomination paper under Section 100(1)(c) of the Representation of the People Act, 1951 encompasses not merely errors in the decision-making process of the Returning Officer but also the correctness and merit of the decision itself. The Returning Officer, while exercising quasi-judicial power under Section 36(2) of the Act, must apply the statutory presumption of validity of nomination papers contained in the Election Commission Handbook, placing the burden on the objector to prove invalidity. The Returning Officer cannot shift this burden to the candidate. In an election petition, the High Court acts as a court of original jurisdiction conducting a civil trial, not as an appellate court merely reviewing the decision-making process. The High Court must frame issues, call for evidence from both parties, examine the veracity of rival claims, and decide the matter on merits. A statutory right of a party cannot be denied based on a wrong concession made by counsel.
On this section: Definition of 'sign' in relation to persons unable to write their name
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Kuldip Nayar vs Union of India
Court's Decision & Legal Precedent
Parliament has exclusive legislative competence under Article 327 read with Article 84(c) and Entry 72 of the Union List to prescribe and modify qualifications for membership of Parliament, including the Council of States. Residence/domicile is not a constitutional requirement but a matter of qualification that Parliament can regulate. The basic structure doctrine does not apply to ordinary legislation. In indirect elections with proportional representation, open ballot system is compatible with the principle of free and fair elections and does not violate any constitutional provision or fundamental rights. The concept of 'representative of the State' refers to persons elected to represent the State, not a pre-existing qualification of residence.
On this section: Sections 3, 59, 94, 128 amended by Act 40 of 2003 - Court examined original provisions and amendments to determine Parliament's power to modify electoral qualifications and procedures
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Youaraj Rai vs Chander Bahadur Karki
Court's Decision & Legal Precedent
In an election to a Legislative Assembly (single-member constituencies), the limitation period of 45 days prescribed under Section 81 of the Representation of the People Act, 1951 for filing an election petition commences from the date on which the returned candidate is declared elected by the Returning Officer under Section 53 (for uncontested elections) or Section 66 (for contested elections), not from the date of publication of overall election results under Section 73. The term 'election' in Section 81 refers to the election in a particular constituency, not the entirety of elections held in the State. The second part of Section 81 (relating to multiple returned candidates with different election dates) applies only to Legislative Council and Council of States elections, not to Legislative Assembly elections.
On this section: Definition of 'election' as election to fill a seat or seats in either House of Parliament or in the House or either House of the Legislature of a State; Court noted that while this is the general definition, context may require otherwise in specific sections
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Shyamdeo Pd. Singh vs Nawal Kishore Yadav
Court's Decision & Legal Precedent
Inclusion of persons in the electoral roll who are not qualified to be enrolled under Section 27 of the Representation of the People Act, 1950 cannot constitute a ground for setting aside an election of a returned candidate under Section 100 of the Representation of the People Act, 1951, unless such persons are explicitly disqualified under Section 16 of the 1950 Act. A person validly enrolled in the electoral roll by authorized authorities is entitled to cast a vote and cannot be excluded from exercising voting rights on the ground that they did not satisfy eligibility requirements, as the electoral roll becomes final and conclusive as to qualification matters from the last date for nominations until completion of the election. The distinction between statutory disqualification (which bars voting even if enrolled) and lack of qualification (which may have required denial of enrollment but does not bar voting once enrolled) is fundamental to election law. Non-compliance with electoral roll preparation procedures, while subject to criticism and administrative correction, does not provide grounds for election petition challenge post-nomination deadline.
On this section: Defines elector in relation to a constituency as person whose name is entered in electoral roll and who is not subject to disqualifications in Section 16 of 1950 Act
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 2
What have the courts held on Section 2 of the Representation of the People Act?
Anoop Baranwal vs Union of India (02 Mar 2023) is the leading judgment on this section among those set out below: Provides statutory framework for elections and defines right to vote subject to Constitution; Section 29A deals with registration of political parties. Another 4 judgments on this section are set out below, all of them from the Supreme Court. They run from 2000 to 2023.
How do I find court cases under Section 2 of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 2, section 2 RP Act 1951, section 2 of the Representation of the People Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Anoop Baranwal vs Union of India (02 Mar 2023).
What should I read with Section 2 of the Representation of the People Act, and has it changed?
Its own text turns on Negotiable Instruments Act 25 (When day of maturity is a holiday), Representation of the People Act 13A (Chief electoral officers), Representation of the People Act 13AA (District election officers), Representation of the People Act 16 (Disqualifications for registration in an electoral roll), and on 3 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Conduct Of Election Rules,1961 (1961).
When did Section 2 of the Representation of the People Act come into force?
Section 2 of the Representation of the People Act, cited as RP Act 1951 2, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.