Bypoll (Bye-Election) Elections in India, Constitutional Provisions

Bypoll or bye-election in India are held to fill vacant seats in the Parliament or State Legislatures due to resignation, death, or disqualification of a sitting member.

Context: The swearing-in of newly elected BJP and AAP MLAs in the Gujarat Assembly highlights the results of the June 2024 bypolls.

About Bypoll (Bye-Election) Elections

Bypolls (or bye-elections) are elections held to fill vacancies in the legislature when a seat becomes vacant before the normal term ends.

Constitutional Provisions

Article 190(3) and Article 101(3)

These articles deal with vacancies in the State Legislature and Parliament, respectively.

A seat becomes vacant if:
- A member resigns.
- A member is disqualified.
- A member dies.
- A member is absent for 60 consecutive days without permission.

Representation of the People Act, 1951 (Section 151A)

Mandates that by-elections must be held within 6 months of the vacancy.
Exceptions:
- If the remainder of the term is less than 1 year, or
- If the Election Commission (EC), in consultation with the Centre, certifies that holding the by-election is not feasible.

Who Conducts Bypolls?

Lok Sabha/Rajya Sabha/Vidhan Sabha: Conducted by the Election Commission of India (ECI).
Local Bodies (Panchayat/Municipal): Conducted by the State Election Commission (SEC).