Section 5: Section 5 – Parliamentary Constituencies (Omitted)

Overview

Section 5 of the Representation of the People Act, 1950, historically addressed the formation and details of parliamentary constituencies. However, this section is no longer in effect. It was removed (omitted) through amendments to the Act. Currently, the rules governing parliamentary constituencies are found in other parts of the Act and specific delimitation laws.

Key Provisions

• Originally, Section 5 contained detailed rules about how many parliamentary seats each state would have and how those seats would be divided into constituencies.
• It outlined the process for defining the boundaries of these constituencies.
• However, due to subsequent amendments, these provisions are now omitted – meaning they are no longer legally operative.

Impact on Voters and Electoral Rolls

Although Section 5 itself doesn’t directly impact voters today, its omission means that the structure of parliamentary constituencies and the creation of electoral rolls within those constituencies are now governed by Sections 3 & 4 of the RPA 1950, and crucially, by the Delimitation Act, 2002. This ensures that constituencies are regularly reviewed and adjusted to reflect population changes, ensuring fair representation for all citizens. Voters are registered based on the constituencies defined by these current laws, not the old Section 5.

Practical Examples

• Example 1: Simple Scenario – Constituency Boundaries. Imagine a state’s population has grown significantly since the last delimitation. Section 5 would have *previously* detailed how to adjust boundaries. Now, the Delimitation Act, 2002, and the Delimitation Commission’s orders determine how new constituencies are created or existing ones are redrawn to reflect this population growth.
• Example 2: Complex Scenario – State Reorganization. If a new state is formed through reorganization, Section 5 would have previously outlined the allocation of seats. Now, Sections 3 & 4 of the RPA 1950, along with the Delimitation Act, 2002, are used to determine the number of parliamentary seats allocated to the new state and how those seats are divided into constituencies.

Related Sections / Rules

This section is closely linked to:

• Section 3 of the RPA 1950: Deals with the allocation of seats in the House of the People (Lok Sabha) to states.
• Section 4 of the RPA 1950: Addresses the delimitation of parliamentary constituencies.
• The Delimitation Act, 2002: Provides the framework for establishing Delimitation Commissions to redraw constituency boundaries.
• Delimitation Orders: The specific orders issued by the Delimitation Commissions, which define the boundaries of constituencies.