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A political campaign is an organized effort which seeks to influence the decision-making process within a specific group.

Campaigning & Elections

This explainer discusses the law on campaigning during elections in India. It primarily deals with the law laid out in the Representation of Peoples Act, 1951, Conduct of Election Rules, 1961.

What is the Model Code of Conduct (MCC)?
When Does MCC Apply?
Who is Covered Under the MCC?
Effect of violation of MCC
Plying Voters to Polling Station on Voting Day
Use of Religion as a Basis for Campaigning
Government Advertisement For Campaigning
Use of Public Property for Political Advertisements
Social Media Advertisements
Advertisement on Television
Advertisement on Radio
Print Media and MCC
Billboards and Hoardings during Campaigning
Political Advertisements
Use of Defence Forces for Campaigning
Unfair Election Practices by Candidates
Candidate’s Legal Duties to the Community
Use of Government Property for Political Meeting and Campaigning
Conduct of Candidate While Campaigning
Ban on Use of Official Vehicles during Campaigning

FAQs

Can a candidate, who is standing for elections, upload any kind of political content from his own Facebook account?

Yes, any political content in the form of messages, comments, photos or videos uploaded on the candidate’s own blogs, websites or social media accounts will not be treated as political advertisements and therefore would not require pre-certification under the law by the Media and Monitoring Committees.(( Use of Social Media in Election Campaigning and ECI’s Social Media Policy, Gist of Instructions, Page 87, point (ii), Compendium of Instruction on Media Related Matters, https://observerseci.eci.nic.in/Instruction/MediaPaid%20News%20Compendium%202017.pdf. ))

How does Google regulate political advertising and campaigning in India?

In India, Google specifies certain kinds of advertisements as election ads:

Those that feature a political party, a political candidate or current member of the Lok Sabha,
Any ads that are run by a political party, political candidate, or a current member of the Lok Sabha. Advertisements by non-political entities promoting merchandise or news are not recognized by Google.

To publish a political advertisement with google, there are two steps that have to be followed(( Advertising Policies, Google, available at https://support.google.com/adspolicy/answer/6014595?hl=en.)):

The advertiser has to be verified by Google itself

A pre-certificate requirement for election ads in India have to be obtained from the Election Commission of India or by the Media Certification and Monitoring Committee(MCMC). (( Reconstitution of Media Certification & Monitoring Committee , Election Commission, available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/))

Do bulk SMSs/Voice messages in political campaigning require Pre-Certification as political advertisements?

Yes, even bulk SMSs/Voice messages for political campaigning require permission from the Media Certification and Reconstitution of Media Certification & Monitoring Committee , Election Commission,(( available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/ Monitoring Committee (MCMC) )) so that the Model Code of Conduct is not violated by any candidate or political party.

Can political parties use Doordarshan and the All India Radio for broadcasting political advertisements during campaigning?

The use of Doordarshan (DD) and All India Radio (AIR) are available only to recognized National or State Parties. These facilities are not available to registered-unrecognised political parties or any independent candidates.(( Allotment of Broadcast Time to Recognized Political Parties, Gist of instructions, Page 129, point 2(i), Compendium of Instruction on Media Related Matters, https://observerseci.eci.nic.in/Instruction/MediaPaid%20News%20Compendium%202017.pdf. ))

How does Facebook regulate political advertising and campaigning in India?

Any advertiser running election-related advertisements has to complete the authorisation process required by Facebook, except for those news publishers identified and registered by Facebook. To read more, click here.(( Restricted Content, Facebook, available at https://www.facebook.com/policies/ads/restricted_content/political))

Can ministers use official vehicles during election period?

No, all ministers cannot use official vehicles during the election period. People who can use are Prime Minister, President, Vice President, Speaker and Deputy Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha and such other dignitaries visiting States from other States. Persons who have been given security by statutory provisions like the Special Protection Group Act 1988 can also use official vehicles.

Can photographs of political leaders be used in government advertisements printed from public exchequer during elections?

No, photographs of political leaders cannot be put on government advertisements printed from public exchequer.(( Section 135C, Representation of Peoples Act, 1951.)) For example, if the picture of a candidate in Jaipur is put up on a billboard explaining a Family Planning Scheme by the Ministry of Health, then this is a violation of the MCC. However, photographs or mentions of certain political leaders like President, Prime Ministers, Chief Minister, Governor can be used only if it is felt essential for effective government messaging.