Representation of the People Act, 1951 / General elections

Section 14: Notification for General Election to the Lok Sabha

Section 14 of the Representation of the People Act, 1951 governs the notification calling a general election to the House of the People (Lok Sabha). It specifies when a new House must be elected, the authority responsible for publishing the election notification and the restriction on issuing that notification too early. The adjoining Section 14A contains a special transitional provision concerning Sikkim.

Section 14: Statutory provisions

(1) A general election shall be held for the purpose of constituting a new House of the People on the expiration of the duration of the existing House or on its dissolution.
(2) For the said purpose the President shall, by one or more notifications published in the Gazette of India on such date or dates as may be recommended by the Election Commission, call upon all parliamentary constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:
Provided that where a general election is held otherwise than on the dissolution of the existing House of the People, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that House would expire under the provisions of clause (2) of article 83.

Meaning of Section 14

A general election is an election held to constitute a new Lok Sabha as a whole, rather than a bye-election to fill an individual vacancy. Under Section 14(1), it is required when the term of the existing Lok Sabha expires or when the House is dissolved earlier. Section 14(2) places the formal notification function with the President of India, who acts through notification or notifications published in the Gazette of India, on dates recommended by the Election Commission of India (ECI).

Six-month restriction on advance notification

If the election is held because the existing Lok Sabha is nearing the normal expiry of its term, the proviso to Section 14(2) prohibits issuing the notification earlier than six months before the date on which that term would expire under Article 83(2) of the Constitution. The restriction does not apply in the same manner where the election follows dissolution of the existing House. Article 83(2) ordinarily limits the duration of the Lok Sabha to five years from the date appointed for its first meeting, unless sooner dissolved, subject to its constitutional provisions concerning an Emergency.

What happens after the election notification?

The notification under Section 14 formally calls upon parliamentary constituencies to elect members. The election process then proceeds under the Representation of the People Act, 1951 and applicable rules and Election Commission directions. In particular, Section 30 deals with the Election Commission's appointment of dates for nominations, scrutiny, withdrawal, polling (if necessary) and completion of the election. The President's Section 14 notification and the Election Commission's election programme perform distinct statutory functions. Eligibility and disqualifications are governed by the Constitution and relevant election laws.

Section 14A: Election of Sikkim's representative

Section 14A is titled "Notification for electing the representative of the State of Sikkim to the existing House of the People". It provides that, for electing the representative of Sikkim to the Lok Sabha specified in Article 371F(e) of the Constitution, the Election Commission shall call upon the members of the Sikkim Legislative Assembly to elect the representative in accordance with such provisions of the Act, rules and orders as apply to elections to the Council of States.

This is a special historical and transitional arrangement associated with Sikkim's entry into the Union and representation in the then-existing Lok Sabha. It should not be confused with the ordinary procedure for present-day direct elections to the Lok Sabha from Sikkim.

Related provisions

Section 12 governs notifications for biennial elections to the Council of States (Rajya Sabha). Section 12A addresses the initial Rajya Sabha seat allotted to Sikkim. Section 15 concerns notification for a general election to a State Legislative Assembly. The subject matter and notifying authorities vary across these provisions.

Official sources

Consult the official legislation, applicable amendments and relevant Gazette notification for a particular election.