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Report No. 170

3.2.15. Conclusion.-

Accordingly, we have decided to drop our proposal with respect to territorial units which means that the entire country will be the unit for purposes of the list system while reiterating our proposals put forward in the working paper in this behalf. (The relevant provisions in the Bill are modified accordingly).

3.2.15.1. Though we are dropping the proposal with respect to territorial units, we do hereby affirm that the distribution of seats in Lok Sabha among the States, as set out in the First Schedule to the Representation of the People Act, 1950, should be frozen for another 25 years. For this purpose, it would be necessary to amend the proviso to clause (3) of article 81 of the Constitution by substituting the figure "2025" for the figure "2000". [The reason behind this proposal is the one put forward by Shri Shivaramakrishnan of Centre for Policy Research, referred to in para 3.2.5.]

3.2.15.2. Further, another proviso (i.e.second proviso) may be added after the existing proviso in section 78F as proposed in the Representation of the People Act, 1951 in the following words: "Provided further that the votes received by a recognised political party which do not exceed one-sixth of the total number of valid votes polled in a constituency shall be ignored for the purpose of this section."

3.2.15.3. A new section, section 65A shall be inserted in Chapter V of Part V of the Representation of the People Act, 1951 to the following effect:

"65A(1) Any political party, whether recognised or not, which obtains less than 5% of the total valid votes cast in the election to the House of the People shall not be entitled to any seat in the House of the People.

(2) Any political party, whether recognised or not, which obtains less than 5% of the total valid votes cast in the election to the Legislative Assembly of a State shall not be entitled to any seat in the Legislative Assembly.

(3) For the purposes of sub-sections (1) and (2), the relevant date shall be the date on which the notification contemplated by section 73 of this Act is issued.

(4) Any constituency which has elected the candidate of a political party which is deprived of a seat in the House of People or in legislative Assembly on account of the requirement in sub-section (1) and (2), as the case may be, shall be represented by the candidate of a political party which has obtained the next highest votes provided that his political party obtains 5% of the total valid votes cast in that election and that he has not lost the security deposit.

(5) The requirements in sub-sections (1) to (3) shall not apply in the case of a bye-election.



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