Section 149 of The Representation of the People Act, 1951
Casual vacancies in the House of the People.
- (1)When the seat of a member elected to the House of the People becomes vacant or is declared vacant or his election to the House of the People is declared void, the Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Gazette of India, call upon the parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
- (2)If the vacancy so caused be a vacancy in a seat reserved in any such constituency for the Scheduled Castes or for any Scheduled Tribes, the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes or to such Scheduled Tribes, as the case may be.
Summary
- This provision handles how to fill an empty seat in the House of the People, also known as the Lok Sabha.
- When a seat becomes vacant or an election is cancelled by a court, the Election Commission must call for a bye-election.
- The Election Commission issues a notice in the Gazette of India to start this process.
- If the empty seat was reserved for a Scheduled Caste or Scheduled Tribe, the replacement must also belong to that group.
- The rules for these bye-elections are mostly the same as those for a regular general election.
Practical examples
FAQ
1. How are Lok Sabha vacancies filled under the Representation of the People Act, 1951?
Under Section 149 of the Representation of the People Act, 1951, the Election Commission calls for a bye-election in the specific constituency where the seat is vacant.
2. What happens if a reserved seat in the House of the People becomes empty according to the Representation of the People Act, 1951?
Section 149 of the Representation of the People Act, 1951 requires that the notice for the bye-election specify that the new member must belong to the same Scheduled Caste or Tribe.
3. Which official publication carries the notice for a bye-election under Section 149 of the Representation of the People Act, 1951?
The notice for a bye-election under Section 149 of the Representation of the People Act, 1951 must be published in the Gazette of India.
Test yourself
1.Under Section 149 of the Representation of the People Act, 1951, which body is responsible for calling the bye-election for the House of the People?
2.If a seat reserved for Scheduled Castes becomes vacant, what does Section 149 of the Representation of the People Act, 1951 require?
3.According to Section 149 of the Representation of the People Act, 1951, what is one reason a bye-election might be held?
4.How does Section 149 of the Representation of the People Act, 1951 differ from Section 147 of the same Act?