Understanding Security Deposits Under the Representation of the People Act, 1951
In India, the Representation of the People Act, 1951 establishes that candidates participating in Parliamentary and Assembly elections must deposit a specified security amount. This requirement serves as a mechanism to ensure that only serious contenders enter the electoral fray, thus maintaining the integrity of the election process overseen by the Election Commission of India.
Security Deposit Amounts
The security deposit amounts vary based on the type of election:
- For Parliamentary elections, the deposit is Rs 25,000.
- For Assembly elections, the deposit is Rs 10,000.
- Candidates from Scheduled Castes and Scheduled Tribes only need to deposit half of these amounts.
Rules Regarding Contesting from Multiple Constituencies
According to the Act, a candidate is allowed to contest from up to two Parliamentary or Assembly constituencies.
Conditions for Security Deposit Refund
A candidate's security deposit is returned under the following circumstances:
- The candidate is elected.
- The candidate is not elected but secures at least one-sixth (16.67%) of the total valid votes polled.
- The candidate passes away before the election.
- The candidate withdraws their candidature, or their name does not appear in the final list of candidates.
Conditions for Forfeiture of the Security Deposit
The security deposit is forfeited if:
- The candidate is not elected and fails to secure one-sixth (16.67%) of the total valid votes polled in their constituency.
Forfeiture in Proportional Representation Elections
In elections conducted by proportional representation through the single transferable vote, a deposit is forfeited if the candidate does not secure at least one-sixth of the votes necessary for election.
Multiple Deposits for Multiple Seats
If a candidate contests from more than one seat, only one deposit will be refunded. This will be determined based on the candidate's choice; the other deposits will be forfeited even if the candidate secures more than one-sixth of the votes in those constituencies.
Examples of Deposit Forfeiture
Here are some illustrative scenarios regarding deposit forfeiture:
- Example 1: A candidate contests a Lok Sabha seat and receives only 10% of valid votes; therefore, the deposit is forfeited.
- Example 2: A candidate contests from two Assembly seats, winning one and losing the other with less than one-sixth of the votes; the deposit from the winning seat is returned, while the losing seat's deposit is forfeited.
- Example 3: A candidate contests two seats, loses both, but secures more than one-sixth of the votes in each; only one deposit is returned based on the candidate’s choice, while the other is forfeited.
- Example 4: In a Rajya Sabha election, if a candidate does not secure one-sixth of the required quota, the deposit is forfeited.
Deposit Returns in Case of Candidate Death
If a candidate passes away before the election, the security deposit is returned to their legal representative.
Calculating the One-Sixth Vote Threshold
For instance, if a total of 2,00,000 valid votes are cast in an Assembly constituency, a candidate must secure more than 33,332 votes (which is one-sixth of 2,00,000) to retain their security deposit.
Statistics on Deposit Losses
Historically, the percentage of candidates losing their deposits has been significant:
- In the first Lok Sabha elections (1951-52), approximately 40% of candidates lost their deposits.
- During the 2019 Lok Sabha elections, nearly 86% of candidates lost their deposits.
- In the Delhi Assembly elections of 2025, around 80% of candidates lost their deposits.
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