When can I be disqualified from holding a Driving License?

Your application for a DL can be refused, you can be disqualified or your license revoked for any of the following reasons::

  • You are a habitual criminal or drunkard.
  • You are addicted to any drugs. 
  • You have used your motor vehicle to commit an offence or crime. For example theft of a motor vehicle etc.
  • You have shown by previous conduct that your driving can pose a danger or nuisance to the public. For example, theft of a motor vehicle, assaulting passengers, over-speeding, etc. 
  • You have obtained your license by fraud.
  • You are a minor person and were holding a license with the consent of a major person, but have ceased to be in his care.
  • You have not passed the driving test conducted by the RTO/RTA. 
  • You have committed any offence with a motor vehicle, and a Court has disqualified you, except for offences related to over-speeding when committed for the third time can lead to disqualification.
  • Your license has been revoked at any time in the past. If your license has been revoked, you must surrender your license to the authority which revoked it.

When can my Passport be revoked or impounded?

Your Passport may be impounded or revoked on any of the following grounds:

  • If you are holding the Passport wrongfully
  • If you obtained the Passport fraudulently by provision of incorrect information. In such a case, if you obtain another Passport, that Passport will also be impounded/revoked. 
  • If the Passport authority deems it necessary revoke/impound your Passport  the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public
  • If you have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, at any time after the issue of the Passport
  • You have committed an offence and criminal proceedings are pending before a Court,
  • If you have breached any of the conditions of the Passport 
  • If you have failed to surrender your Passport after the Passport authority has cancelled your endorsement 
  • If a warrant or summons for the appearance, or a warrant for the arrest, of you has been issued by a court under any law 
  • If a Court has passed an order prohibiting your departure from India.

When do I need to surrender my Passport?

You must surrender your Passport in the following circumstances:

  • You have been repatriated at the expense of the Government of India. In such a case, you must apply for an Emergency Certificate to return to India, which also must be surrendered on return.
  • You have taken the citizenship of another country. 
  • Your Passport has been revoked or impounded.

What happens if I fail my driving test?

The driving test certifies your ability to safely drive and handle a motor vehicle. If you fail the test, you can take it again after 7 days. If you fail your driving test 3 times, you cannot take it again for the next 60 days from the date of your last test. This may vary across states.

When can my application for passport be refused?

Your application for a Passport may be refused on the following grounds:

  • You are not a citizen of India,
  • You may, or are likely to, negatively impact the sovereignty or integrity of India, outside the country, or your presence outside India may be detrimental to friendly relations between India and other countries, or your departure from India may, or is likely to, be detrimental to the security of India, 
  • You have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, within 5 years of making this application, 
  • You have committed an offence and criminal proceedings are pending before a Court,
  • A Court has issued a warrant or summons for the appearance, or a warrant for the arrest, with respect to you under any law, 
  • A Court has passed an order prohibiting your departure from India. 
  • You have been repatriated and have not reimbursed the expenditure incurred, 
  • Issuing you a Passport will not be in public interest, in the opinion of the Central Government of India.

What happens to the citizenship of my children if I renounce my Indian citizenship?

If you give up your Indian citizenship, any minor children (i.e. any children that you have who are below the age of 18) that you have will also cease to be Indian citizens.(( Section 8(2), Citizenship Act, 1955)) However, if the citizenship of your minor children is revoked, he may, within one year of turning 18 years old, make a declaration that he wishes to be an Indian citizen, and his Indian citizenship shall be resumed. However, if your children are majors, they will continue to be Indian citizens.

Can there be dual citizenship in India under any circumstances?

No, there is no provision in India for acquiring dual citizenship. You have to renounce your citizenship, and surrender your Indian Passport,(( Section 9, Citizenship Act, 1955)) before taking another country’s citizenship, and failure to do so is an offence. For example,  you cannot hold an Indian Passport and an American passport at the same time.

What do I do if I cannot vote via the Electronically Transmitted Postal Ballots as a service voter?

The Returning Officer of your home constituency will send you and your wife postal ballots via Indian Postal Service. You can even ask the Returning Officer to have the postal ballot delivered to you personally. If the postal ballot does not reach you and is returned to the Returning Officer as undelivered, he will send it to you again by post.(( ETPBS & Service Voter, Election Commission of India, available at https://eci.gov.in/divisions-of-eci/it-applications-etpbs-servicevoter/))

If I don’t live in my home-town, how can I vote? If I live in a rented house can I vote?

If you are living in a rented house, then get the following documents:

  • Owners Identity Card that has their Signature (Passport, Aadhar Card, Driving License)
  • Electricity Bill of the Rented House you are staying in which has the owners address.
  • Letter from the owner stating that you are residing in his/her house and that you wish to obtain a voter ID Card to vote in the place of residence.

Can I vote overseas or remotely if I am an NRI?

No, you must be present in India to vote. You can register yourself as an NRI voter but to cast your vote, you must be present in the constituency of the address mentioned in your passport. There is a Bill pending in the Parliament, that if passed, will allow an NRI to vote through a proxy.

Can I vote together with my friends?

No. You cannot vote together with your friends. Only one person is allowed inside the polling station at a time and there is a strict procedure followed so that secrecy is maintained throughout.

Can I tell people who I voted for?

When you cast your vote, it is a secret ballot. Which means that no one can force you to tell them who you voted for. However, you can tell people who you voted for if you wish to do so. You won’t be punished for the same.

What are opinion polls? Are they real time votes?

Opinion polls, also known as exit polls, are not real results of the elections. Various organisations and media agencies conduct opinion polls by different methods such as surveys to predict what the outcome of the elections might be. The Press Council of India has issued guidelines on how these surveys should be conducted.

Is there a punishment for not voting?

It is not compulsory for you to cast your vote, hence there won’t be any consequences if you don’t vote. But it is advisable to do so as voting is the exercise of your democratic duty in selecting the government.

Is the media allowed inside the hall where the votes are being counted?

Yes, the media is allowed limited entry into the counting halls to cover the counting of ballots, but only after they have taken prior permission from the Election Commission. Only those media personnel who are referred by the Press Information Bureau and Directorates of Information and Public Relations of States are given this permission.

A party is paying me money to vote for their candidate. Can I take the money?

No, the party or person is committing a crime by paying you money. This is an act of ‘bribery’. If you accept any money or gifts with the intention of voting for someone who you would not vote for, then you are committing a crime for which you can be punished with jail time up to one year with a fine.

Can a homeless person register for a Voter ID card?

Yes, a homeless person can register for a Voter ID card. While filing Form 6, the person has to put in the address of the street where he sleeps at night. The Booth Level Officer will visit that street at night to ascertain that you actually sleep at the place and no documentary proof of residence shall be necessary. The Booth Level Officer will visit more than one night for such verification.

Can I vote if I am in jail?

No, prisoners who have been sentenced to jail time or people in the custody of the police are not allowed to vote. If you have been detained in jail without a conviction, then you can vote.(( Section 62(5) of the Representation of the People Act, 1951.; Aman Lohia vs. Kiran Lohia [ TC(C) 25 OF 2021])) 15 days before the election takes place, you have to tell the returning officer by post that you wish to vote by specifying your name, address, address of place of detention and electoral roll number. You will be sent a postal ballot which you will have to fill in the presence of the Superintendent of Jail or Commandant of the detention camp or any election officer. The method of voting by postal ballot is the same as that of a service voter.

Can candidates be at the polling booth on the day of voting?

Candidates cannot campaign for 48 hours before polling. If they are at the polling booth with a view of attracting members to vote for them , they will be punished with jail time of up to 2 years and/or fine. The candidate can only come to the polling booth to cast their vote and nothing more.(( Section 130, Representation of Peoples Act, 1951.))

What do I do if I do not have a left hand thumb to put the thumb impression while voting?

If your left-hand thumb is missing, then you can give the thumb impression using your right-hand thumb. If the thumbs on both hands are missing, then the impression of one of the fingers of the left hand starting from the forefinger will be taken. If you do not have any fingers on the left-hand, then the impression on the fingers of the right hand will be taken, If no fingers are there on both hands, then you will need to seek assistance from a person whose thumb impression will be taken in the same manner. A person assisting you known as a companion is a person who is more than 18 years old and comes to sign or assist on behalf of the voter. The details of the companion will be taken down by the electoral officer. However, a companion can only act on behalf of only one person at a polling station for the day and polling staff cannot act on behalf of someone as a companion.(( Persons with Disabilities, Election Commission of India, available at https://eci.gov.in/persons-with-disabilities/))

What facilities does the National Voters’ Service Portal provide?

Through NVSP, a user can avail and access various services such as(( National Voter Service Portal, Election Commission of India, available at https://www.nvsp.in/)): 

  • Access the electoral list 
  • Apply for Voter ID card 
  • Apply online for corrections in voter’s card 
  • View details of Polling booth, Assembly Constituency and Parliamentary constituency 
  • Get the contact details of Booth Level Officer (BLO), Electoral Registration Officer etc. among other services. 

You will have to create an account with a User ID and Password for accessing the NVSP services.

What is the difference between sedition and defamation?

Sedition(( Section 124A, Indian Penal Code, 1860.)) is a crime against the State, meaning a crime where violence or public disorder is caused amongst the people as they have been incited against the government. A crime of defamation(( Section 499, Indian Penal Code, 1860.)) is against a person or a group of persons, where words or visual representations affect their reputation.