Political Career for Indian Youth-FAQ3-Model Code of Conduct

Politcal Career for Indian Youth- Model Code of Conduct-FAQ3

Whether there is any restriction on air dropping of leaflets/pamphlets by the Political parties/candidates

Ans. No. Provided that all the expenses in this regard have been booked against the election expenses of the candidate, on whose behalf the leaflets/pamphlets are being dropped.

Is wearing of special accessories like cap, mask, scarf etc. of a candidate permitted during the campaigning?

Ans. Yes, provided they are accounted for in the election expenses of the candidate concerned. However supply and distribution of main apparels like saree, shirt, etc. by party/candidate is not permitted as it may amount to bribery of voters.

Whether dummy ballot units of EVM can be prepared by the candidate for the purpose of educating the voters?

Ans. Yes. The dummy ballot units may be made of wooden, plastic or ply board boxes, half the size of the official ballot units and may be painted brown, yellow or grey.

Whether there is restriction to display to the public any election matter by means of cinematograph, television or other similar apparatus?

Ans. Yes. Candidate can not display to the public any election matter by means of cinematograph, television or other similar apparatus during the period of 48 hours ending with the hour fixed for the conclusion of poll.(Refer: Sec. 126 of Representation of People Act, 1951)

Whether a candidate can print and distribute the diary/calendar/sticker depicting his image or image of Gods/ deities etc.

Ans. No. will amount to bribery under section 171E of Indian Penal Code.

Whether distribution of printed “Stepney Covers” or other similar material containing symbol of party/candidate or without depicting it, is a violation?

Ans. Yes. Incase, it is established that such material have been distributed, a complaint may be filed before the area Magistrate by District Administration against the distribution of the said material under section 171 B of the IPC.

Are there conditions/guidelines for setting up and operating of Temporary Offices by Party or candidate?

Ans. Yes. Such offices can not be opened by way of any encroachment either on public or private property/ in any religious places or campus of such religious places/ contiguous to any educational institution / hospital / within 200 meters of an existing polling station. Further, such offices can display only one party flag and banner with party symbol/photographs and the size of the banner used in such offices should not exceed ‘4 feet X 8 feet’ subject to the further condition that if the local laws prescribe a lower size for banner / hoarding etc., then the lower size prescribed by local law shall prevail.

Is there any restriction on the presence of political functionaries in a constituency after campaign period is over?

Ans. Yes. After the closure of campaign period (starting from 48 Hrs. before closure of poll), political functionaries etc. who have come from outside the constituency and who are not voters of the constituency should not continue to remain present in the constituency. Such functionaries should leave the constituency immediately after campaign period is over. This will not apply in the case of candidate or his election agent even if they are not voters in the constituency.

Is such restriction applicable in the case of office bearer of a political party who is in-charge of election in the State?

Ans. Yes. 

However, such restriction is not insisted upon during the general elections to Lok Sabha/State Assembly only in respect of the office bearer who is in-charge of the State during the election period. Such office bearer shall declare his place of stay in the State Headquarters and his movement during the period in question shall remain confined normally between his party office and place of his stay. The above restrictions will be applicable to all other functionaries in all elections.

Whether there is any restriction for holding public meeting or taking out processions?

Ans. Yes.Prior written permission should be obtained from the concerned police authorities for holding of a meeting at any public or private place and for taking out processions.

Political Career for Indian Youth-FAQ2-Model Code of Conduct

Political Career for Indian Youth- Model Code of Conduct-FAQ2

Whether loudspeakers can be used for public meetings or for processions or for general propaganda without obtaining permission from Police authorities?

Ans. No. Prior written permission should be obtained from the concerned police authorities for using loudspeakers.

Whether there is any time limit for using loudspeakers?

Ans. Yes. 

Loudspeaker can not be used at night between 10.00 P.M. and 6.00 A.M.

What is the deadline after which no public meetings and processions can be taken out?

Ans. Public meetings cannot be held after 10 PM and before 6.00 AM. Further, Candidate can not hold public meetings and processions during the period of 48 hours ending with the hour fixed for the conclusion of poll. Suppose, poll day is 15th July and hours of poll are from 8.00A.M to 5.00 P.M., then the public meetings and processions shall be closed at 5.00 P.M on the 13th July. (Refer: Sec. 126 of Representation of People Act, 1951)

Whether there are any guidelines for political parties/candidates for issue of unofficial identity slips to voters?

Ans. Yes. The unofficial identity slip, on white paper, shall contain only the particulars of the voter i.e. name, Serial number of voter, part No. in the electoral roll, S.no. and name of Polling Station and date of Poll. It should not contain the name of candidate, his photograph and symbol.

Is there any restriction on appointment of a Minister/M.P./M.L.A/M.L.C or any other person who is under security cover as an Election Agent/Polling Agent/Counting Agent?

Ans. Yes. A candidate cannot appoint a Minister/M.P./ MLA/MLC or any other person who is under security cover, as an election/polling agent/counting agent, as his personal security shall be jeopardized with such appointment, because his security personnel will not under any circumstances be permitted to accompany him into the 100 meter perimeter of polling stations described as the “Polling Station Neighborhood” and within the polling booth and campus of counting centre and within the counting centre. Also any person having security cover will not be allowed to surrender his security cover to act as such agent of a candidate.

Is a candidate allowed to appoint persons as polling agents from anywhere?

Ans. No. Such person who is appointed by the candidate as a polling agent must be an ordinarily resident and elector of the concerned polling station area only and not from outside the concerned polling area. Such person must also have Elector’s Photo Identity Card. However, in the case of polling stations exclusively manned by the women polling personnel, the restriction of resident of same polling area shall not be applied for.

Who is the authority to issue permits to Star Campaigners (Leaders) of the Political Parties who avail benefit under Section 77(1) of R.P Act, 1951?

Ans. In case the mode of road transport is to be availed of by Star Campaigners (Leaders) of political, the permit will be issued centrally by the Chief Electoral Officer. If such party applies for issue of permit for the same vehicle to be used by any leader for election campaigning throughout the State, the same may be issued for such vehicle centrally by the Chief Electoral Officer, which will be prominently displayed on windscreen of such vehicle(s) to be used by concerned leader(s). If different vehicles are to be used by such party leaders in different areas, then the permit can be issued against the name of the person concerned who will display it prominently on the windscreen of the vehicle being used by such leader.

Whether Opinion poll or Exit poll can be conducted, published, publicized or disseminated at any time?

Ans. No. The result of any opinion poll or exit poll conducted shall not be published, publicized or disseminated in any manner by print, electronic or any other media, at any time

(a) during the period of 48 hours ending with the hour fixed for closing of poll in an election held in a single phase; and

(b) in a multi-phased election, and in the case of elections in difference States announced simultaneously, at any time during the period starting from 48 hours before the hour fixed for closing of poll in the first phase of the election and till the poll is concluded in all the phases in all States.

Whether there is any restriction for transmitting Short Messages Service (SMSs)?

Ans. Yes. Transmitting objectionable messages on SMSs during election is prohibited. For objectionable SMSs which may violate the law and ECI instructions issued in this behalf, the police authorities shall advertise special mobile numbers on which the receiver of such SMS can forward the said SMS with the mobile number of sender. The police authorities shall take action under the law.

Are there any guidelines for setting up of election booth by candidate/political parties near polling station on the day of poll?

Ans. Election booth can be set up beyond a distance of 200 meters from the polling stations, only with 1 table and 2 chairs with an umbrella or a piece of tarpaulin or cloth to protect the two occupants. Only one banner (3 x 41/2 feet) can be displayed

showing the name of the candidate/ party / election symbol at the booth. However, two election booths can be set up, if more than two polling stations have been set up in a building.

Political Career for Indian Youth-Elections-Model Code of Conduct-FAQ1

Political Career for Indian Youth-Elections-Model Code of Conduct-FAQ1

Is it necessary to obtain written permission of the concerned Government authorities or local authorities for setting up of election booth?

Ans. Yes. It is necessary to obtain the written permission of the Government authorities concerned or local authorities before setting up of such booths. Written permission must be available with the persons manning the booth for production before the police /election authorities concerned on demand.

Is there any restriction of canvassing in or near polling station?

Ans. Yes. Canvassing for votes etc. within a distance of one hundred meters of polling station is prohibited on the day of poll. (Refer : Section 130 of Representation of 1951)

Whether the use of mobile phone is allowed in the polling station?

Ans. No. No person is allowed to either carry or use mobile phones, cordless phones, wireless sets etc. in 100 meter perimeter of the polling stations described as the “polling station neighborhood” and within the polling booth. Only Observer/Micro Observer, Presiding Officer and security personnel are allowed to carry mobile phone but they will keep their mobile phones in silent mode.

Is there any restriction of going armed to or near polling station?

Ans. Yes

No person is allowed to go armed with arms as defined in Arms Act 1959 of any kind within the neighborhood of a polling station on the day of poll. (Refer: Section 134B of Representation of 1951)

How many vehicles a candidate is entitled for on the day of poll

Ans. (i) For an election to the House of the People, a candidate will be entitled to:

(a) One vehicle for candidate’s own use in respect of the entire constituency. One vehicle for use of candidate’s selection agent for entire constituency.

(b) In addition, one vehicle for use of candidate’s workers or party workers, as the case may be, in each of the assembly segments comprised in the Parliamentary Constituency.

(ii) For an election to the State Legislative Assembly, a candidate will be entitled to:

(a) One vehicle for candidate’s own use

(b) One vehicle for use of candidate’s election agent
(c) In addition, one vehicle for use of candidate’s workers or party workers.

If the candidate is absent from the constituency on the day of poll, can the vehicle allotted in his name be used by any other person?

Ans. No. Vehicle allotted for candidate’s use is not allowed to be used by any other person.

Can any type of entitled vehicle be used on the day of poll?

Ans. No. The candidate or his agent or party workers or workers will be allowed to use only four/three/two wheeler vehicles i.e. cars (of all types), taxis, auto rickshaws, rickshaws and two wheelers. In these vehicles not more than five persons including drivers are allowed to move on the day of poll.

Whether Political Party/Candidate can make arrangements for transporting voter to and from Polling Station?

Ans. No. Any arrangement, direct or indirect, to carry any voter to or from polling station by any kind of vehicle used for transport is a criminal offence.

(Refer: Sec. 133 of Representation of People Act, 1951)

Whether there are restrictions on plying of Govt./private vehicles on the poll day?

Ans. No. Public transport like buses, minibuses are allowed to ply but it should be ensured that they are not used clandestinely for the conveyance of voters. Further, private cars, taxies carrying passengers to places other than polling booths like hospitals, airports, railway stations, bus stands, friends and relations houses, clubs, and restaurants will be allowed on the road. But they should not be allowed to come clandestinely near the polling areas for the conveyance of voters.

Can a leader of Political party use private fixed-wing aircraft and helicopters for the purposes of supervising and monitoring the polling and counting process on the day of poll and counting?

Ans. No. Leader of a political party is not allowed to use private fixed-wing aircraft and helicopters for the purposes of supervising and monitoring the polling and counting process on the day of poll and counting.

Political Career for Indian Youth- Indian Parliament-FAQ

Political Career for Indian Youth-FAQ-Indian Parliament

What is the composition of Parliament of India?

Ans. According to Article 79 of the Constitution of India, the Parliament consists of President of India and the two Houses of Parliament known as Council of States (Rajya Sabha) and House of the People (Lok Sabha).
Who elects the President of India?

Ans. The President is elected by the members of an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry.

What is the manner of election of President?

Ans. According to Article 55 of the Constitution, as for as practicable, there has to be uniformity in the scale of representation of the different states at the election of the President. For the purpose of securing such uniformity among the States, the number of votes to which each State is entitled is determined as follows:-

(a) every elected member of the legislative assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the Assembly;

(b) If after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member shall be further increased by one;

(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the State Legislation Assemblies by the total number of elected members of both the House of Parliament fractions exceeding one-half being counted as one and & other fractions being disregarded.
The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting shall be by secret ballot.

What is the term of office of President?

Ans. The President shall hold office for a term of five years from the date on which he enters upon his office.

Will there be any situation in which the President demits office before the five year term?

Ans. Yes. There will be two such situations. The first is when the President resigns his office by writing under his hand addressed to the President and the second when the President is removed from office by impeachment for violation of the constitution.

What is the procedure for impeachment of the President?
Ans. According to Article 61 of the Constitution, when a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament. No such change shall be preferred unless (a) the proposal to prefer such change is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-third of the total membership of the House.

Is the President eligible for election for a second term?

Ans. Yes. According to Article 57 of the Constitution, a President is eligible for re-election to that office.

Political Career for Indian Youth-Indian Parliament-FAQ1

Political Career for Indian Youth-FAQ1-Indian Parliament

What are the qualifications for election as President?

Ans. According to Article 58 of the Constitution, no person shall be eligible for election as President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the House of the People. A person shall not be eligible if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Government.

Can a Member of Parliament or the State Legislature become the President?

Ans. The President shall nor be a member of either House of Parliament or of a House of the Legislature of any state and if any such member is elected President he shall be claimed to have vacated his seat in that House on the date on which he enters upon office as President.

Who elects the Vice-President of India?

Ans. The Vice-President is elected by the members of an electoral college consisting of the members of both House of Parliament.

What is the manner of election of Vice-President?

Ans. The election is in accordance with the system of proportional representation by means of the single transferred vote and the voting is by secret ballot.

What is the term of office of Vice-President?

Ans. The Vice-President shall hold office for a term of five years from the date on which he enters upon his office.

Will there be any situation in which the Vice-President demits office before the five-year term?

Ans. Yes.There will be two such situations. The first is when the Vice-President resigns his office by writing under his hand addressed to the President and the second when he is removed from office.

What is the procedure for removal of the Vice-President?

Ans. The Vice-President may be removed from his office by a resolution of the Council of States by a majority of all the members of the Council and agreed to by the House of the People. No such resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.

Political Career for Indian Youth- FAQ1- Registration of Political Parties

Political Career: Career for Indian Youth-FAQ1-Registration of Political Parties

Is it necessary for an association to get registered by the Election Commission?

Ans. No. It is not necessary for every association to get registered by the Election Commission. Only an association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of Part-IV-A of the Representation of the People Act, 1951, (relating to registration of political parties) is required to get itself registered with the Election Commission of India.

What are the benefits of registration with the Election Commission of India?

Ans. The candidates set up by a political party registered with the Election Commission of India will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. Further, registered political parties, in course of time, can get recognition as `State Party’ or National Party’ subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as a State Party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State of States in which it is so recognised, and if a party is recognised as a `National Party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India. Recognised `State’ and `National’ parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over Akashvani/Doordarshan during general elections.

Q.3. What is the procedure for registration?

Ans. An application for registration is to be submitted to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001 in the Performa prescribed by the Commission. The Performa is available on request by post or across the counter from the office of the Commission. The application should be neatly typed on the party’s letter head, if any, and it should be sent by registered post or presented personally to the Secretary to the Election Commission within thirty days following the date of formation of the party.

2. The application must be accompanied by the following documents/information:-

(i) A demand draft for Rs. 10,000/- (Rupees Ten Thousand Only) on account of processing fee drawn in favour of Under Secretary, Election Commission of India, New Delhi. The processing fee is non-refundable.

(ii) A neatly typed/printed copy of the memorandum/rules and regulations/ Constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 in the exact terms, which reads "---------------(name of the party) shall bear true faith and allegiance to the constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India". The above mandatory provision must be included in the text of party constitution/rules and regulations/memorandum itself as one of the Articles/clauses.

(iii) The copy of the party Constitution should be duly authenticated on each page by the General Secretary/President/Chairman of the Party and the seal of the signatory should be affixed thereon.

(iv) There should be a specific provision in the Constitution/rules and regulations/memorandum of the party regarding organizational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.

(v) The procedure to be adopted in the case of merger/dissolution should be specifically provided in the Constitution/rules and regulations/memorandum.

(vi) Certified extracts from the latest electoral rolls in respect of at least 100 members of the party (including all office-bearers/members of main decision-making organs like Executive Committee/Executive Council) to show that they are registered electors.

(vii) An affidavit duty signed by the President/General Secretary of the party and sworn before a First Class Magistrate/Oath Commissioner)/ Notary Public to the effect that no member of the party is a member of any other political party registered with the Commission.

(viii) Individual affidavits from at least 100 members of the party to the effect that the said member is a registered elector and that he is not a member of any other political party registered with the Commission duly sworn before a First Class Magistrate/Oath Commissioner)/Notary Public. These affidavits shall be in addition to the furnishing of certified extracts of electoral rolls in respect of the 100 members of the applicant party mentioned at (vi) above.

(ix) Particulars of Bank accounts in the name of the party.

3. The application along with all the required documents mentioned above must be reach the Secretary to the Commission within 30 days following the date of formation of the party.

4. Any application made after the said period will be time-barred.

Political Career for Indian Youth-Registration of Political Parties-FAQ

Political Career for Indian Youth-FAQ-Registration of Political Parties

What are the criteria for recognition of a party?

Ans. A political party shall be treated as a recognised political party in a State, if and only if either the conditions specified in Clause (A) are, or the condition specified in Clause (B) is, fulfilled by that party and not otherwise, that is to say-

(A) that such party –

has been engaged in political activity for a continuous period of five years; and

has, at the last general election in that State to the House of the People, or, as the case may be, to the Legislative Assembly of the State, returned- either ( i ) at least one member to the House of the People for every twenty-five members of that House or any fraction of that number from that State; or (ii) at least one member to the Legislative Assembly of that State for every thirty members of that Assembly or any fraction of that number; (B) that the total number of valid votes polled by all the contesting candidates set up by such party at the last general election in the State to the House of the People, or as the case may be, to the Legislative Assembly of the State, is not less than six per cent of the total number of valid votes polled by all the contesting candidates at such general election in the State.

2. The conditions in Clause (A) or Clause (B) above shall not be deemed to have been fulfilled by a political party, if a member of the House of the People or the Legislative Assembly of the State becomes a member of that political party after his election to that House or, as the case may be, that Assembly.

3. 'State’ includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.

4. If a political party is treated as a recognised political party in four or more States, it shall be known as a `National Party’ throughout the whole of India, but only so long as that political party continues to fulfill thereafter the conditions for recognition in four or more States on the results of any subsequent general election either to the House of the People or to the Legislative Assembly of any State.

5. If a political party is treated as a recognised political party in less than four States, it should be known as a `State Party’ in the State or States in which it is so recognised, but only so long as that political party continues to fulfill thereafter the conditions for recognition on the results of any subsequent general election to the House of the People or, as the case may be, to the Legislative Assembly of the State, in the said State or States.