The concept of Election and Representation in India is a foundational concept and institutional framework that translates the principle of democracy into a functional government. It is primarily governed by the constitutional provisions in Part XV (Articles 324 to 329) and the statutory framework of the Representation of the People Act, 1951 (RPA, 1951).
The origin of the elective element for Indian natives in legislative bodies dates back to the Indian Councils Act 1909, which introduced limited representation under the British Raj. Post-independence, the system was created to solve the problem of governance in a large, diverse nation by establishing a government "of the people" through elected representatives. The Constitution, adopted on January 26, 1950, laid the groundwork, and the Election Commission of India (ECI) was formally constituted on January 25, 1950, to supervise and control elections. The first general election was held in 1951-52.
The mechanism works through a combination of constitutional and statutory provisions. Article 326 mandates that elections to the Lok Sabha and State Legislative Assemblies be based on universal adult suffrage, granting the right to vote to every citizen aged 18 years or older. For elections to the Lok Sabha and State Assemblies, India primarily uses the First Past the Post (FPTP) system, where the candidate with the highest number of votes in a single-member constituency is declared elected. The RPA, 1951, details the conduct of elections, including candidate qualifications (Sections 3–6), disqualifications (Sections 8–10A), and the registration of political parties (Section 29A).
This framework connects directly to the Election Commission of India (ECI), an autonomous constitutional body under Article 324 responsible for the superintendence, direction, and control of elections. It also connects to the Representation of the People Act, 1950, which deals with the preparation of electoral rolls and delimitation of constituencies. A significant recent change occurred with the Supreme Court's 2013 judgment in Lily Thomas v. Union of India, which struck down Section 8(4) of the RPA, 1951, making the disqualification of a convicted legislator immediate upon conviction. More recently, the 106th Constitutional Amendment Act, 2023, introduced a reservation of one-third of seats for women in the Lok Sabha and State Assemblies, which will take effect after the next delimitation exercise.