A by-election, also called a bypoll, is held to fill a seat in the Lok Sabha or a state Assembly that falls vacant before the end of the house’s term. The rules are set in the Representation of the People Act, 1951.
Why seats fall vacant
- Death of the sitting member
- Resignation
- Disqualification, for example under the anti defection law or after conviction in a criminal case
- Election to another house, such as when an MLA becomes an MP and resigns the Assembly seat
- An election being set aside by a court
The six month rule
Section 151A of the RP Act says that a vacancy must be filled by a by-election within six months from the date the vacancy occurs.
The exceptions
A by-election need not be held if:
- the remainder of the term of the member is less than one year, or
- the Election Commission, in consultation with the Union government, certifies that it is difficult to hold the by-election within that period.
That is why some vacant seats are left empty close to general elections.
Also Read: Election Commission of India Explained: Powers, How the CEC Is Appointed and the 2023 Law | How Rajya Sabha Election Works: Who Votes, Seats per State and the Single Transferable Vote
Term of the winner
The person elected in a by-election serves only for the remaining term of the house, not a full five years.
Ministers who are not members
A related rule comes from Article 75(5) for Union ministers and Article 164(4) for state ministers. A person who is not a member of the legislature can be a minister, including a Chief Minister, for up to six months. If they fail to get elected within that period, they must leave office. This is why by-elections are sometimes arranged for a Chief Minister soon after taking office.
Process
By-elections follow the same process as general elections: the ECI announces the schedule, the Model Code of Conduct applies in the concerned district or constituency, nominations are filed, and voting is held using EVMs and VVPATs.
Why bypolls matter
Bypoll results are often seen as a test of public mood between general elections. They can also change the numbers in a closely divided Assembly.
Contesting two seats
A candidate can contest from up to two constituencies in a general election, but must resign one seat within 14 days of the results if they win both. This leads to a by-election in the seat they give up.
Bottom line
By-elections fill vacant seats within six months, unless less than a year of the term is left or the ECI certifies it is difficult.
Source / स्रोत: Election Commission of India, Representation of the People Act, India Code
