Theme: Government & Elections

I have spoken about the lack of funds in the Public Distribution System and have criticized the government for it. Will there be sedition charges against me?

If your speeches are honest concerns and have not further posed any threat to causing any public disorder or violence against the government, there will not be any sedition charges against you. You would be liable for an act of sedition if you have attempted or encouraged people to resort to violence. Under the law it is known as exciting disaffection.

Can a movie actor ask his fans to vote for a particular candidate on the day of polling?

If the movie actor is affiliated with a political party and is a candidate for that party, then the actor cannot urge the voters to vote or refrain from voting for a particular candidate, including himself or herself. The movie actor cannot conduct any press conferences, hold public meetings or go on the television or radio to make statements in favor of himself or any other political party/candidate. The actor may be punished with jail time up to 2 years and/or fine.(( Section 126, Representation of People Act (no person is construed as including a movie actor) ))

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).1

  1. 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. ))

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.

What is an Armed Forces Tribunal?

The Armed Forces Tribunal has been made for the trial of persons in the Armed Forces, which may include persons from the Army, Navy or Airforce. The Tribunal looks into disputes and complaints with respect to appointments, conditions of service, disciplinary proceedings etc. The main branch of the Tribunal is in New Delhi but it has regional branches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur. The tribunals follow the normal procedure as practiced in the High Courts of India and all the proceedings are in English. Persons who are not in the armed forces cannot approach this Tribunal as this is only meant for the armed forces and their trial.

Why is AFSPA a controversial law?

The AFSPA gives too much power to the Armed Forces, even to extent of killing someone only on the grounds of suspicion. This has been seen as opposed to the right to life as granted by the Constitution of India.

Can a case be filed against the army personnels in a Court?

You can only file a case against an army personnel, in a civil court in situations when there is special permission from the Central Government. However, the armed forces, under their own rules and regulations, have their own courts to try their officers (for offences specified under their own rules and regulations). These courts are called the Armed Force Tribunal.

What will happen if a public servant does a favour, but not through any specific action of mine? Will this be considered as corruption?

You can still be punished if you took the money and made the person who bribed you, believe that you were responsible for the favour. For example, you take Rs. 20,000 from Ravi after making him believe that he got the job with the Forest Department because of your connections with the head of the Forest Department. Even if you did not actually have any connections with the head of the Forest Department, you will still be breaking this law.