Theme: Elections

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.

2 Days Before Voting Day

In the period of 48 hours (2 days) before voting day, all election related campaigning stops – it is called the silence period. This applies to both State and General (for example, Lok Sabha) elections. 

No one – citizens, journalists, candidates, election agents, movie actors, theatre artists, etc. –  is allowed to do any election related campaigning.

The following is not allowed 48 hours before polling:

If anyone, including candidates and political parties, violates any of these provisions and campaigns within the silence period, they will be punished with jail time of up to 2 years and/or fine.

  1. Subheading 8.2, Chapter 8, Manual of Model Code of Conduct, Election Commission of India (can be found here – https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

What is the Model Code of Conduct (MCC)?

The Model Code of Conduct (MCC)1 are rules and regulations which regulate the actions of the political parties, candidates, people supporting them, the civil servants during election time and anybody else who is associated with elections. It also regulates the actions of other individuals and organizations with the aim of making the elections as transparent as possible.

The MCC ensures that the elections are held on fair grounds and no action is taken by a party in power so as to derive any benefit during the elections. The MCC also levels the playing field for all the political parties involved in the electoral process.

In the case of the Lok Sabha election, the MCC applies to the whole of India.

  1. Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

Voting and Elections Rights of SC/ST

It is a crime to interfere with the voting rights of members of SCs or STs. If you do any of the following, you will be punished with imprisonment anywhere between 6 months and 5 years along with a fine:

  • Force them to vote in a certain way.
  • Stop them from standing for elections.
  • Stop them from proposing a candidate, or seconding the nomination of another SC/ST candidate.
  • Punish them for voting a certain way.

It is also a crime to interfere with the work of an SC/ST member who is a Panchayat member or holds office in a municipality. Force or intimidation cannot be used to prevent such a person from doing their work.

What are Lok Sabha elections?

Through the Lok Sabha elections you are electing the Members of Parliament1 who will represent your constituency at the national level.

A representative elected in the General Elections is elected for a term of 5 years to the lower house of the Parliament.2

The Lok Sabha elections also decide who will be the Prime Minister of our country. Through these elections, the winning party is decided who will nominate the person to be the Prime Minister.

Every state is equitably represented in Lok Sabha. A state is divided into constituencies based on where people live and how many people live there and one member from each constituency is elected to represent them in the Lok Sabha as a Member of Parliament.

The Lok Sabha, also known as the House of the People or the Lower House of the Parliament, is composed of 550 members3 who represent the people of India across all states and territories. The elections for the Lok Sabha are also commonly known as the General Elections.

  1. Article 79, Constitution of India, 1950. [↩]
  2. Article 83(2), Constitution of India, 1950. [↩]
  3. Article 81, Constitution of India, 1950. [↩]

Holding Public Meetings 48 Hours before Elections

The law prohibits any public meetings which discuss elections through1:

  • Musical concerts
  • Theatrical performances
  • Processions
  • Other forms of entertainment

No person can convene or hold, attend or join or address any public meetings which are in connection with elections 48 hours before the date of polling.

For example:

  • A candidate cannot gather a group of people and advocate them to vote for him on the day of polling.
  • A theater group cannot host a play on the achievements of a political party on the day of polling.

If any person or candidate holds any form of public meeting, then this person will be punished with jail time up to 2 years and/or a fine.2

  1. Section 126(1)(c), The Representation Of The People Act, 1951. [↩]
  2. Section 126(2), The Representation Of The People Act, 1951. [↩]

When Does MCC Apply?

The MCC applies when elections are going on. For the Lok Sabha elections MCC usually comes in force when the election schedule is announced by the Election Commission of India and till the results are announced in all the constituencies.1

  1. Heading 3.2, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

What are State elections?

Through the State elections you are electing the Members of the State Legislature who will represent your constituency at the state level. The State Legislature might have an Vidhan Parishad (Upper House) or not, but it always has the Vidhan Sabha (Lower House).1

Each member of Lower House of a state is elected for 5 years, and each member of Upper House is elected for 6 years.

The number of members of the State Legislature varies across states, depending upon the population in that state. For example, the State Legislature of Uttar Pradesh has a considerably greater number of members than Pudcherry.

  1. Chapter III, Part VI, Constitution of India, 1950. [↩]

Advertisements through Television and Radio 48 Hours before Elections

Advertisements or sponsored programmes or reports which support or criticize a candidate with an intention to influence the election cannot be broadcasted on the television or the radio. If general events relating to a political party are broadcasted which does not influence the public in any manner then it can be broadcasted via TV or the radio.1

For example, if the television broadcasts a political leader insulting another candidate, then, such content will be taken down by the Media Certification and Monitoring Committee (MCMC).

Live Coverage on Electronic Media Outside Constituency

Due to the advancement in technology and development of different modes of electronic media, it is difficult to monitor all regions of a particular State conducting polls. At times, there might be a political event being conducted outside the constituency going to poll, which is being covered live on electronic media. In such situations, the live coverage will not be illegal if it only covers general discussion and not those relating to the specific constituency or specific candidate about to go to poll (in the 48 hour period).2

If any such live coverage on electronic media does take place, the candidate or party leader conducting the event will get the same punishment as they would have, had the event taken place within the constituency itself, i.e. jail time of 2 years and/or fine.

  1. Section 126(1)(b),The Representation Of The People Act, 1951. [↩]
  2. Subheading 8.3, Chapter 8, Manual for Model Code of Conduct. [↩]

Who can vote in Lok Sabha elections?

Every Indian citizen atleast the age of 181 has the right to participate and vote in national, state, district as well as local government body elections. You have to register yourself as a voter on the electoral roll of your constituency. To register on the electoral roll you have to ensure that2:

  • You are a citizen of India.
  • You are atleast the age of 18 years
  • You are mentally fit
  • You haven’t been convicted by a court for committing any of the following crimes:
    • Bribery
    • Voting on behalf of someone else
    • Trying to prevent someone from voting by threatening them
    • Inciting or promoting hatred and violence between people
    • Obstructing or destroying election processes/documents
  1. Article 326, Constitution of India, 1950. [↩]
  2. How to Register a Vote, Systematic Voters Education and Electoral Participation, available at https://ecisveep.nic.in/ [↩]

Ban on Liquor 48 Hours before Elections

There is a ban on  liquor 48 hours before elections.1 The day(s) on which a constituency observes a silent period is a dry day. The law requires all liquor shops to be closed 48 hours before the date of polling to prevent consumption, distribution of alcohol and bribing of voters. States are responsible for making sure that the liquor shops around neighbouring constituencies are also closed.

  1. Section 135(c), Representation of People Act, 1951. [↩]

Who is Covered Under the MCC?

The MCC covers1:

  • Political parties,
  • Candidates,
  • Organizations,
  • Committees,
  • Corporations, and
  • Commissions funded wholly or partially by the central or the state government. Example: Electricity Regulatory Commissions, Jal Boards, Transport Corporations, etc.
  1. Heading 3.5, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

How do you vote?

Please follow the steps given below to know how to vote.

Before you go to the polling station, please verify if your name is on the electoral roll of your constituency. You can do that by checking the list here.

 

Indian Resident Voter:

Take your Voter ID card with you to the polling station. If you do not have a Voter ID card, you can take other forms of identification also. But only those that have the same address as the one mentioned in the electoral roll of your constituency/Voter ID card.

NRI Voter1:

Take your passport with you to the polling station.

You will have to wait in line till your turn comes to vote. The women, men and people with disabilities will be allowed to enter separately and only one voter can enter at a time. You will see a notice which is displayed on the polling station building or hall, which gives information regarding:

  • The polling area, and the different polling stations with their addresses (if there are more than one).
  • List of voters in each polling stations.
  • List list of candidates standing for elections.

Inside the Polling Booth

As you enter the polling booth, the First polling officer will verify if you have the valid ID and you are on the electoral roll. Once it is verified that you are a bonafide voter the Second Polling Officer will put an ink mark on your left index finger. This is done to ensure the voting officials of the fact that you have voted and to not allow a person to vote multiple times.

If you do not have a left index finger then watch this video to understand what will be done. If you already have an ink mark on your finger or if you refuse to put the ink mark, then you will not be allowed to vote.

The officer will2:

  • Make a record of your Voter ID Number in Form 17A.
  • Ask you to put your thumb impression or signature in a book known as the Register of voters.
  • Mark your name on a copy of the electoral roll, thereby permitting you to vote.

After this, you will have to proceed to the voting compartment.

As a voter, you will cast your ballot by using an EVM Machine or Electronic Voting Machine. It is a machine which is operated electronically and helps record votes.3

EVM

Moving to the Voting Compartment4

An Electronic Voting Machine consists of two Units – a Control Unit and a Balloting Unit – joined by a five-meter cable. The Control Unit is kept with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment, where you vote. The Presiding Officer or the Polling Officer releases the ballot for you so that you can cast your vote,

A list of candidates’ names and symbols will be available with a blue button next to it. You have to press the button next to the name of the candidate’s name that you wish to vote for. If you do not wish to vote for any particular candidate, then you have the option to select the NOTA – None of the Above option in the EVM Machine.

Right after you have voted, you will see a green light on the VVPAT Machine will be placed next to the EVM Machine, which will indicate that you have voted. You will also see a printed slip which is printed containing the serial number, name and symbol of the candidate which you can see through a transparent window for 7 seconds. This printed slip automatically gets cut and falls in the sealed drop box of the VVPAT.

You cannot vote more than once and even if you make a mistake, you cannot undo it. Even if your name comes twice in the electoral roll or your name comes in two different constituencies electoral rolls, you can only vote once. If you vote twice, then both your votes are not counted. There is nothing you have to do after all this is over. Once you exit the polling station, you have completed the voting process.

  1. Overseas Electors, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/overseas-electors/faqs-overseas-electors-r12/. [↩]
  2. Handbook for Presiding Officers, Election Commission of India, available at, https://ceodelhi.gov.in/WriteReadData/HandBooks/Handbook_for_Presiding_Officers.pdf. [↩]
  3. Section 61A, The Representation of People Act, 1951. [↩]
  4. Electronic Voting Machines, Election Commission available at https://eci.gov.in/evm/ [↩]

Effect of violation of MCC

There are certain effects of violation of MCC. If a person violates the MCC rules, they cannot be punished, except in certain cases where the MCC violation is also a crime under the Indian Penal Code, 1860 and the Representation of the People Act, 1951. For the violation of those crimes, one might even go to jail. As for violations of MCC alone, a warning will be issued , but if the person repeat them, the complaint will be forwarded to the election authorities who will take necessary actions, which might even be removal of their candidature. The most important role the Election Commission plays during the period MCC is in force, is the immediate actions it takes in stopping violations of MCC.1

Some examples are:

  • The Election Commission can stop government advertisements endorsing the ruling party.
  • Stop the ruling party from using their political influence and endorsing their agenda through television or cinema.
  • Stop a candidate or a party from indulging in any activity which may create mutual hatred or cause tension between castes and communities.2
  • The District Election Officers can order an FIR against a person for making remarks which can lead communal tension.
  1. State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639. [↩]
  2. Chapter 12, Manual on Model Code of Conduct, https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

How do you register for a Voter ID card?

You can register for a new Voter ID Card for free either in person or online by filling out Form 6, which is the application form to register as a voter in India.

If you meet all the requirements1, your name will be added to an ‘electoral roll’ which is a list of names of voters in a particular constituency.

Step 1: Fill out Form 6

Download Form 6 which is available in Hindi, English, and Malayalam and fill it out, or look up your Electoral Registration Officers or the Booth Level Officers and request for Form 6. If you are a disabled person, you will receive assistance at the office.

Step 2: Include Supporting Documents

If you are filling the form online or in person, you will need self-attested documents:

  • Recent colored, passport-size photo
  • Copy of Age Proof (Birth Certificate, School Certificates (Xth and XIIth))
  • Copy of Address Proof (Passport, Aadhar Card, Driving License)

Step 3: Submit the Form

If you have filled the application in person, you must submit the Form and the documents to the Electoral Registration Officers or the Booth Level Officers of your polling station. You can find out where the offices are here. If you have filled Form 6 online, then you do not have to visit the office. You can even send the form via post to the offices along with the required self-attested documents.

Step 4: Wait for Voter ID Card

A booth level officer will visit the address given in the Form, to verify the details you gave in your application. After the Voter ID card is ready, a booth level officer will either send/drop it off to your address or will request you to collect it from the Electoral Registration Office. Your name will be added to an ‘electoral roll’ which is a list of names of voters in a particular constituency. You can even check online if your name is on the electoral roll.

  1. Voter Portal, Election Commission of India, available at https://voterportal.eci.gov.in/ [↩]

Ban on Loudspeakers 48 Hours before Elections

There is a ban on loudspeakers during the silence period – 48 hours prior to the date of polling.

They cannot be fitted on any vehicles, buildings, etc., and if anyone does this, it is a violation of the Model Code of Conduct (MCC). After the 48 hours are over, proper permissions from the District Administration have to be taken to use them again.1

  1. Page 142-Point 4, Compendium of Instructions on Model Code of Conduct, 2018, can be accessed at https://eci.gov.in/files/file/9166-compendium-of-instructions-on-model-code-of-conduct-2018/. [↩]

Plying Voters to Polling Station on Voting Day

A candidate or their agents cannot ply voters to the polling station i.e. provide conveyance to voters to or from a polling station on voting day.

The punishment for doing this is a fine of up to Rs. 500.1

For example, a party or a candidate cannot hire a bus and give rides to voters on the voting day.

However, if you are a person with a disability you can register yourself on the PWD App2 (Android) and the election authorities can provide you transport to and from the polling station on that day.

  1. Section 123 (5),Representation of the People Act, 1951. [↩]
  2. PWD App, Google Play, available at https://play.google.com/store/apps/details?id=pwd.eci.com.pwdapp&hl=en_IN&gl=US. [↩]

How do you change details in a voter ID card?

You can apply to change your details provided in your Voter ID card only for the specific reasons given below1:

In case of incorrect name, age, Date of birth, etc.

If you wish to change or correct your name, photo, age, Voter ID Card Number or EPIC number, address, date of birth, gender, name of relative or type of relation in your voter ID card, you must fill Form 8 and submit it either online or physically to the Electoral Registration Officer.

In case of shifting houses within the constituency

If you are shifting your permanent place of residence within the same constituency, you must have your address changed in the electoral roll. In order to do so, you must fill Form 8A and submit it either online or physically to the Electoral Registration Officer.

In case you shift outside of your current constituency

If you are shifting your permanent residence to a place outside your constituency, you must have your name deleted from the present electoral roll or have someone file an application to remove your name for you. Once you have done this, you must re-register yourself as a new voter and check the box in Form 6 next to ‘due to shifting from another constituency’ and submit it to the Electoral Registration Officer.

  1. Voter Portal FAQ, Election Commission of India, available at https://voterportal.eci.gov.in/faq [↩]

Use of Religion as a Basis for Campaigning

A party or candidate cannot campaign in any manner which would result in creating tension or hatred between different castes and religious communities.

The MCC does not allow anyone or any organization to use religion to further the prospects of a candidate or a political party during an election, irrespective of their relationship to the political party/individual candidate. For example, political parties, candidates, religious/cultural organizations, associations or individuals cannot campaign in favour of or against certain political parties or candidate by holding any meetings, conclaves, processions, religious congregations, etc.

Some of the actions that are prohibited are1:

  • No one can use religion and play on religious sentiments of voters.
  • No one can ask for votes by influencing someone to believe that there is a religious punishment by god or a divine power which will occur to them, if they don’t vote for a particular candidate.2
  • No one should use religion to create disharmony among different groups of people.3
  • No one should make any malicious statements which would attack the personal life of any politician.4
  • Temples, mosques, churches and other places of worship cannot be used for any election campaigning.

Some examples of violations of MCC by using religion for campaigning are:

  • If pictures of politicians are put up on billboards outside the temple entrance.
  • If money is given by a political party to beggars outside a temple to get votes.
  1. Model Code of Conduct, Election Commission of India, available at eci.gov.in. [↩]
  2. Section 123(3), Representation of the People Act, 1951. [↩]
  3. Section 153A, Indian Penal Code (IPC); Section 125, Representation of the People Act, 1951. [↩]
  4. Section 123(4), Representation of the People Act, 1951. [↩]

What happens on a Voting Day?

Announcement of Voting Day

The announcement of voting dates will be made by the Election Commission of India and it is made available on their website. It will include the dates on which voting will take place in your State.1

Paid Holiday

The day on which voting takes place in your constituency, it is supposed to be declared as a paid holiday by law. This is to allow you to vote freely without any pressure from your workplace. If you are employed at any business, trade, industrial undertaking or any other establishment or even as a daily wage laborer, you must be given a paid leave by your employer on the day of voting.

Punishment for Employer

If you do not get a paid leave on that day, your employer can be punished with a fine of maximum Rs. 500.1

  1. Section 135B, The Representation of People Act, 1951. [↩] [↩]

Government Advertisement For Campaigning

Government advertisements usually inform the public of their rights, duties and entitlements and also explain government policies, programmes, services and initiatives. In order to prevent achieve this purpose, government advertisements should be objective, politically neutral and should not promote the political interest of the ruling party.

For example, while advertising the mid-day meal scheme offered by the government, the ruling party cannot use these advertisements in order to glorify leaders and candidates of their party. Adding names and photos of the party leaders to these advertisements would be a violation of MCC.

Therefore during the time of the election, the ruling party cannot1:

  • Use funds from public exchequer reserved for government advertisements for their own re-election.
  • Project a positive impression of the party in power or a negative impression of other political parties through these advertisements.

Content of Government Advertisements

Advertisement materials of the government must not2:

  • Mention the party in the government by name;
  • Directly attack the views or actions of others in opposition;
  • Include their own party political symbol or logo or flag;
  • Aim to influence public support for a political party, candidate for election; or
  • Refer to link to the websites of political parties or politicians.
  1. Rule VII – Party in Power, Model Code of Conduct – Election Commission of India, available at https://eci.gov.in/mcc/. [↩]
  2. State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639 [↩]

How do you verify your name on the Electoral Roll?

Verifying your name on the electoral roll is important. Before you go to the polling station to cast your vote, you can verify if your name is included in the electoral list of your constituency, by any of the following methods1:

Online

You can visit NVSP’s Electoral Search website and fill in the required details, such as your name, age, the State, district and the assembly constituency where you reside. If you are on the electoral roll, your details along with your EPIC number will be verified by the website.

In Person

If you are not able to verify your name online, you can call 1950 and ask for the details of the office where you can go to check your name on the electoral list. They will also inform you to take relevant documents or identification for the purpose of verification.

  1. Voter Portal FAQ, Election Commission of India, available at https://voterportal.eci.gov.in/faq. [↩]

Use of Public Property for Political Advertisements

Political parties and candidates are not allowed to use public properties/places for political advertisements. They cannot write on the walls, paste any posters/papers, erect/display any cutouts, hoardings, banners, flags etc. as a part of election campaigning. Some examples of public properties are1:

  • Railway stations, railway flyovers, bus stands, airports, bridges,
  • Government hospitals, post offices,
  • Government buildings, municipal buildings, etc.

If a political party or candidate, puts up any of their campaign material on a public property, then it will be an MCC violation.

  1. Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

How do you find a Polling Station?

Follow the steps given below to find your polling station to vote.((Section 25, The Representation of People Act, 1951.))

Polling Booth/Station

If you are a registered voter with a Voter ID Card, then you have to visit a polling station on the voting day in your constituency.

A polling booth or station is fixed at a building or a hall where the voters of the concerned polling area cast their votes. Usually polling stations are set up in permanent places like schools, government buildings etc., but they can also be set up in private buildings or buildings outside the polling area if space is not available.

Finding Your Polling Station

You can find out where your polling station is, by visiting the National Voters Services Portal.

The polling station will usually be only 2 kilometers away from your place of residence. Only in hilly areas or forest areas, it may be set up further away.