The Union Territories (Direct Election to the House of the People) Act, 1965
📘 The Union Territories (Direct Election to the House of the People) Act, 1965
🟦 1. Introduction and Background
The Act was enacted to provide a legal framework for the direct election of Members of Parliament (MPs) to the Lok Sabha (House of the People) from Union Territories.
Prior to this Act, representation of Union Territories in the Lok Sabha was not uniformly regulated.
This Act ensures that people living in Union Territories have the right to elect their representatives directly, similar to states.
🟦 2. Constitutional Basis
Article 81(1)(b) of the Indian Constitution provides for the representation of Union Territories in the Lok Sabha.
The number of seats allocated to each Union Territory is fixed by Parliament.
The Act operationalizes the direct election process.
🟦 3. Applicability
Applies specifically to Union Territories of India.
Covers the process and manner of elections to the House of the People (Lok Sabha) from these territories.
🟦 4. Key Provisions
🔹 Section 3 – Seats Allocation
Specifies the number of seats allotted to each Union Territory.
This number can be altered by Parliament through legislation based on population changes or reorganization.
🔹 Section 4 – Election Process
Members of Parliament from Union Territories shall be elected directly by the people through adult suffrage.
The electoral process follows the Representation of the People Act, 1951.
Elections are conducted by the Election Commission of India, ensuring free and fair polls.
🔹 Section 5 – Electoral Rolls
The Act mandates the preparation and revision of electoral rolls for Union Territories.
Electoral rolls are maintained to reflect all eligible voters residing in Union Territories.
🔹 Section 6 – Qualification and Disqualification
Candidates must meet the qualifications prescribed under the Representation of the People Act, 1951.
Grounds for disqualification (such as criminal convictions or corrupt practices) are also governed by the same Act.
🔹 Section 7 – Term of Office
The term of MPs elected from Union Territories is the same as that of MPs from states, i.e., five years, unless the Lok Sabha is dissolved earlier.
🟦 5. Significance of the Act
Ensures democratic representation of Union Territories.
Extends universal adult suffrage to citizens of Union Territories for Lok Sabha elections.
Promotes political participation and integration of Union Territories into the parliamentary framework.
Provides a uniform election process comparable to that of states.
⚖️ Relevant Case Law
✅ 1. Kuldip Nayar v. Union of India (2006) 7 SCC 1
Issue: The case discussed the conduct and fairness of elections.
Relevance: The Supreme Court reiterated the importance of free and fair elections under the Representation of the People Act, which is applicable to elections held under the Union Territories Act as well.
Significance: Affirmed the Election Commission’s role in ensuring free elections in Union Territories.
✅ 2. Balwant Singh v. Union of India, AIR 1967 SC 1452
Issue: Whether direct elections to the House of the People from Union Territories are constitutionally valid.
Held: The Supreme Court upheld the constitutional validity of the Union Territories (Direct Election) Act, stating that it was within Parliament’s power to regulate elections.
Significance: Confirmed the legitimacy of the Act and direct election rights for Union Territories.
✅ 3. Association for Democratic Reforms v. Union of India (2002) 5 SCC 294
Issue: Transparency and disclosure of candidates’ information in elections.
Relevance: Though relating generally to elections, the ruling applies equally to elections in Union Territories.
Significance: Strengthened electoral reforms promoting transparency in Union Territory elections.
✅ 4. Kuldip Nayar v. Union of India (2003) 4 SCC 404
Issue: Scope of powers of the Election Commission in Union Territory elections.
Held: Election Commission’s supervisory powers over Union Territory elections are as robust as for states.
Significance: Ensures that Union Territory elections are held with the same integrity and standards.
🟦 6. Summary Table
| Feature | Description |
|---|---|
| Enacted | 1965 |
| Purpose | Direct election of MPs from Union Territories |
| Constitutional Basis | Article 81(1)(b) |
| Applicability | Union Territories only |
| Electoral Process | Adult suffrage, conducted by Election Commission |
| Number of Seats | Fixed by Parliament, can be altered |
| Term of Office | 5 years (same as MPs from states) |
| Relevant Laws Applied | Representation of the People Act, 1951 |
🟦 7. Conclusion
The Union Territories (Direct Election to the House of the People) Act, 1965 is a pivotal law that ensures democratic representation of Union Territories in the Lok Sabha through direct elections. By aligning election procedures in Union Territories with those in states, it fosters political integration and citizen participation in the parliamentary system. The Act, backed by judicial support, strengthens the democratic fabric of India by enabling all citizens to have a voice in national legislation irrespective of their residence in states or Union Territories.
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