Electoral Franchise
Legal definition for Indian law research
Definition
Electoral franchise. (1) The qualifications entitling persons to vote at Parliamentary elections. A brief sketch of the changes up to 1884 in (a) Counties, and (b) Boroughs is as follows:
(a) Originally the freeholders elected the members for the county: later, residence was made an additional qualification. In the fifteenth century the qualification was limited to resident freeholders of lands or tenements to the value of 40s. by the year (8 Hen. 6, c. 7). Towards the end of the eighteenth century the residence qualification was abolished. The (English) Reform Act, 1832, extended the franchise to 10l. copyholders and to leaseholders for terms of years, and tenants at will paying a minimum of 50l. yearly rent (2 & 3 Wm. 4, c. 45, ss. 19 and 20). The (English) Representation of the People Act, 1867, extended the franchise to every duly registered man of full age who was-(i) the owner of lands or tenements, of whatever tenure, for his own life, for the life of another or for any lives whatsoever, or for any larger estate, if of not less than 5l. clear yearly value; or (ii) was entitled as lessee or assignee to the unexpired residue of a term of years of originally not less than 60 years of the same annual value; or (iii) was for 12 months immediately preceding the last day of July in any year the occupier of lands or tenements of the rateable value of 12l. (ss. 5 and 6).
(b) In boroughs the qualifications were both varied and numerous. In some boroughs the corporation elected the members, in others the franchise was exercised solely by the freemen, in others by the burgage holders (see BURGAGE TENURE), in others by those paying what corresponded to local rates (see SCOT AND LOT), in others by the potwallers (q.v.), and in others these different qualifications, or some of them, were combined. With certain savings as to corporate towns, the (English) Reform Act, 1832, established a universal 10l. household suffrage for adult males. The (English) Representation of the People Act, 1867 (ss. 3 and 4), gave the franchise to every duly registered man of full age and capacity who had been for 12 months the inhabitant occupier of any dwelling-house within the borough in respect of which he had been rated for the relief of the poor and had paid the rate, or who had occupied and resided in lodgings for a year the annual value of which was 10l. or upwards.
The (English) Representation of the People Act, 1884, assimilated the occupation franchise of the counties to that of the boroughs by entitling every man, after a qualifying period, who occupied any land or tenement of a clear yearly value of 10l. or more, to be registered as a voter: by extending the household and lodger franchise of the boroughs to the counties, and including in both cases occupiers of dwelling-houses by virtue of office, service, or employment.
The (English) Representation of the People Act, 1918, created great changes: it abolished the voting qualifications of property owners, lodgers, free-men, etc.; it extended the parliamentary franchise to women for the first time, establishing something not unlike universal suffrage for women over 30 and for all adult men resident for a qualifying period of six months in any one constituency or contiguous constituency, or the occupation of business premises of 10l. annual value for the same period (s. 1). The (English) Representation of the People (Equal Franchise) Act, 1928, equalized the franchise, and in the case of a business qualification extended it to the wife or husband.
A man or a woman of full age is entitled to be registered as a parliamentary voter for a university constituency if he or she has received, or, being a woman, qualified for, a degree (other than honorary) (ss. 2 and 4 (2)), as amended by the (English) Act of 1928.
As to restrictions on plural voting, see s. 8. For further particulars, consult the Act itself (8 Geo. 5, c. 64), as amended by the (English) Act of 1928.
(2) The qualifications entitling persons to vote at Local Government elections depend on the (English) Representation of the People (Economy Provisions) Act, 1926, and the (English) Repre-sentation of the People (Equal Franchise) Act, 1928. A person of full age and not subject to legal in capacity is entitled to be registered as an elector if he or she '(a) is on the last day of the qualifying period occupying as owner or tenant any land or premises in that area and (b) has during the whole of the qualifying period so occupied any land or premises in that area . . . . (c) is the husband or wife of a person entitled to be so registered in respect of premises in which both the person so entitled and the husband or wife, as the case may be, reside' (s. 2 of the Act of 1928). A lodger is entitled if the rooms are let unfurnished.
(3) The qualifications necessary for candidates for Parliament. These are now entirely abolished. See HOUSE OF COMMONS.
(a) Originally the freeholders elected the members for the county: later, residence was made an additional qualification. In the fifteenth century the qualification was limited to resident freeholders of lands or tenements to the value of 40s. by the year (8 Hen. 6, c. 7). Towards the end of the eighteenth century the residence qualification was abolished. The (English) Reform Act, 1832, extended the franchise to 10l. copyholders and to leaseholders for terms of years, and tenants at will paying a minimum of 50l. yearly rent (2 & 3 Wm. 4, c. 45, ss. 19 and 20). The (English) Representation of the People Act, 1867, extended the franchise to every duly registered man of full age who was-(i) the owner of lands or tenements, of whatever tenure, for his own life, for the life of another or for any lives whatsoever, or for any larger estate, if of not less than 5l. clear yearly value; or (ii) was entitled as lessee or assignee to the unexpired residue of a term of years of originally not less than 60 years of the same annual value; or (iii) was for 12 months immediately preceding the last day of July in any year the occupier of lands or tenements of the rateable value of 12l. (ss. 5 and 6).
(b) In boroughs the qualifications were both varied and numerous. In some boroughs the corporation elected the members, in others the franchise was exercised solely by the freemen, in others by the burgage holders (see BURGAGE TENURE), in others by those paying what corresponded to local rates (see SCOT AND LOT), in others by the potwallers (q.v.), and in others these different qualifications, or some of them, were combined. With certain savings as to corporate towns, the (English) Reform Act, 1832, established a universal 10l. household suffrage for adult males. The (English) Representation of the People Act, 1867 (ss. 3 and 4), gave the franchise to every duly registered man of full age and capacity who had been for 12 months the inhabitant occupier of any dwelling-house within the borough in respect of which he had been rated for the relief of the poor and had paid the rate, or who had occupied and resided in lodgings for a year the annual value of which was 10l. or upwards.
The (English) Representation of the People Act, 1884, assimilated the occupation franchise of the counties to that of the boroughs by entitling every man, after a qualifying period, who occupied any land or tenement of a clear yearly value of 10l. or more, to be registered as a voter: by extending the household and lodger franchise of the boroughs to the counties, and including in both cases occupiers of dwelling-houses by virtue of office, service, or employment.
The (English) Representation of the People Act, 1918, created great changes: it abolished the voting qualifications of property owners, lodgers, free-men, etc.; it extended the parliamentary franchise to women for the first time, establishing something not unlike universal suffrage for women over 30 and for all adult men resident for a qualifying period of six months in any one constituency or contiguous constituency, or the occupation of business premises of 10l. annual value for the same period (s. 1). The (English) Representation of the People (Equal Franchise) Act, 1928, equalized the franchise, and in the case of a business qualification extended it to the wife or husband.
A man or a woman of full age is entitled to be registered as a parliamentary voter for a university constituency if he or she has received, or, being a woman, qualified for, a degree (other than honorary) (ss. 2 and 4 (2)), as amended by the (English) Act of 1928.
As to restrictions on plural voting, see s. 8. For further particulars, consult the Act itself (8 Geo. 5, c. 64), as amended by the (English) Act of 1928.
(2) The qualifications entitling persons to vote at Local Government elections depend on the (English) Representation of the People (Economy Provisions) Act, 1926, and the (English) Repre-sentation of the People (Equal Franchise) Act, 1928. A person of full age and not subject to legal in capacity is entitled to be registered as an elector if he or she '(a) is on the last day of the qualifying period occupying as owner or tenant any land or premises in that area and (b) has during the whole of the qualifying period so occupied any land or premises in that area . . . . (c) is the husband or wife of a person entitled to be so registered in respect of premises in which both the person so entitled and the husband or wife, as the case may be, reside' (s. 2 of the Act of 1928). A lodger is entitled if the rooms are let unfurnished.
(3) The qualifications necessary for candidates for Parliament. These are now entirely abolished. See HOUSE OF COMMONS.
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.