ELECTORAL SYSTEM, RPA 1950/1951 & ANTI-DEFECTION

1. Warrant of Precedence (Order of Protocol)

Official Rank Hierarchy in Government Protocols:

Rank	Dignitaries / Authorities
Rank 1	President of India
Rank 2	Vice-President of India
Rank 3	Prime Minister of India
Rank 4	Governors of States (within their respective States)
Rank 5	Former Presidents of India
Rank 5A	Deputy Prime Minister
Rank 6	Chief Justice of India (CJI) + Speaker of Lok Sabha
Rank 7	Cabinet Ministers of the Union, Chief Ministers of States (within state), Vice-Chairman NITI Aayog, Former Prime Ministers, Leaders of Opposition in Lok Sabha & Rajya Sabha
Rank 7A	Holders of Bharat Ratna decoration

2. Representation of the People Act 1950 vs. RPA 1951

Parameter	RPA 1950 (Pre-Election Machinery)	RPA 1951 (Actual Conduct & Candidates)
Primary Focus	Seat allocation, delimitation of constituencies, voter registration, and electoral roll preparation	Qualifications & disqualifications of MPs/MLAs, actual conduct of elections, corrupt practices, and offences
Key Parts & Coverage	• Part I: Allocation of Seats • Part II: Delimitation & Electoral Rolls • Part III: Qualification of Voters • Part IV: Disqualification of Voters • Part V: Registration of Political Parties	• Part I: General Provisions • Part II: Qualifications & Disqualifications • Part III: Election Petitions • Part IV: Conduct of Elections • Part V: Corrupt Practices & Illegal Practices • Part VI: Offences and Penalties (Sec 29A)
Election Officials	Chief Electoral Officer (CEO), Electoral Registration Officer (ERO)	Returning Officer (RO), Presiding Officers, Polling Officers

3. Section 29A & Electoral Offence Disqualifications

Registration of Political Parties (Section 29A of RPA 1951): Association or body of citizens must register with Election Commission of India within 30 days of formation. Must bear true faith and allegiance to the Constitution and principles of Socialism, Secularism, and Democracy.
Disqualification on Conviction (Section 8 of RPA 1951): A person convicted of offences (bribery, booth capturing, promoting enmity between classes) resulting in imprisonment for not less than 2 years shall be disqualified from date of conviction and shall remain disqualified for a further period of 6 years since release. (Lily Thomas 2013 case struck down Sec 8(4) 3-month protection for sitting MPs/MLAs).

4. Anti-Defection Law (Tenth Schedule)

10th Schedule Provisions (52nd CAA 1985 & 91st CAA 2003):

Grounds for Disqualification:
1. Voluntarily giving up membership of political party.
2. Voting or abstaining from voting contrary to party whip without 15 days prior permission.
3. Independently elected member joining any political party after election.
4. Nominated member joining a political party after 6 months from taking seat.
Merger Exception (91st CAA 2003): Disqualification does NOT apply in case of a merger where at least 2/3rd of the members of the legislative party agree to merge. (Original 1/3rd split exemption deleted by 91st CAA).
Deciding Authority & Judicial Review: Question of disqualification decided by Speaker / Chairman. In Kihoto Hollohan (1992), SC held that Speaker's decision is subject to Judicial Review.

5. Recognition Criteria for Political Parties (ECI Rules)

The Election Commission of India registers political parties under Section 29A of RPA 1951 and accords recognition as National Party or State Party based on specified electoral performance benchmarks under the Election Symbols (Reservation and Allotment) Order, 1968:

Category	Recognition Criteria (Any ONE of the conditions must be fulfilled)
National Party	1. Secures at least 6% of valid votes polled in 4 or more States in a General Election to Lok Sabha or State Assembly AND wins at least 4 seats in Lok Sabha from any State/States. 2. Wins at least 2% of total seats in Lok Sabha (11 seats out of 543) and these candidates are elected from at least 3 different States. 3. Recognized as a State Party in at least 4 States.
State Party	1. Secures at least 6% of valid votes polled in State Assembly election AND wins at least 2 seats in the Assembly. 2. Secures at least 6% of valid votes polled in Lok Sabha election from the State AND wins at least 1 seat in Lok Sabha from that State. 3. Wins at least 3% of total seats in State Assembly OR 3 seats in Assembly (whichever is more). 4. Wins at least 1 seat in Lok Sabha for every 25 seats allocated to the State in Lok Sabha. 5. Secures at least 8% of total valid votes polled in the State in Lok Sabha or Assembly election (introduced in 2011).

Category

Recognition Criteria (Any ONE of the conditions must be fulfilled)

National Party

1. Secures at least 6% of valid votes polled in 4 or more States in a General Election to Lok Sabha or State Assembly AND wins at least 4 seats in Lok Sabha from any State/States.
2. Wins at least 2% of total seats in Lok Sabha (11 seats out of 543) and these candidates are elected from at least 3 different States.
3. Recognized as a State Party in at least 4 States.

State Party

1. Secures at least 6% of valid votes polled in State Assembly election AND wins at least 2 seats in the Assembly.
2. Secures at least 6% of valid votes polled in Lok Sabha election from the State AND wins at least 1 seat in Lok Sabha from that State.
3. Wins at least 3% of total seats in State Assembly OR 3 seats in Assembly (whichever is more).
4. Wins at least 1 seat in Lok Sabha for every 25 seats allocated to the State in Lok Sabha.
5. Secures at least 8% of total valid votes polled in the State in Lok Sabha or Assembly election (introduced in 2011).