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.

Political Career for Indian Youth- FAQ- Electronic Voting machines

Political Career for Indian Youth- FAQ- Electronic Voting Machines

What is an Electronic Voting machine? In what way its functioning is different from the conventional system of voting?

Ans. 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 with the Presiding Officer or a Polling Officer and the Balloting Unit is placed inside the voting compartment. Instead of issuing a ballot paper, the Polling Officer in-charge of the Control Unit will press the Ballot Button. This will enable the voter to cast his vote by pressing the blue button on the Balloting Unit against the candidate and symbol of his choice.

When was the EVM first introduced in elections?

Ans. EVMs manufactured in 1989-90 were used on experimental basis for the first time in 16 Assembly Constituencies in the States of Madhya Pradesh (5), Rajasthan (5) and NCT of Delhi (6) at the General Elections to the respective Legislative Assemblies held in November, 1998.

Q3. How can EVMs be used in areas where there is no electricity?

Ans. EVMs run on an ordinary 6 volt alkaline battery manufactured by Bharat Electronics Ltd., Bangalore and Electronic Corporation of India Ltd., Hyderabad. Therefore, even in areas with no power connections, EVMs can be used.

What is the maximum number of votes which can be cast in EVMs?

Ans. EVMs can record a maximum of 3840 votes. As normally the total number of electors in a polling station will not exceed 1500, the capacity of EVMs is more than sufficient.

What is the maximum number of candidates which EVMs can cater to?

Ans. EVMs can cater to a maximum of 64 candidates. There is provision for 16 candidates in a Balloting Unit. If the total number of candidates exceeds 16, a second Balloting Unit can be linked parallel to the first Balloting Unit. Similarly, if the total number of candidates exceeds 32, a third Balloting Unit can be attached and if the total number of candidates exceeds 48, a fourth Balloting Unit can be attached to cater to a maximum of 64 candidates.

What will happen if the number of contesting candidates in a constituency goes beyond 64?

Ans. In case the number of contesting candidates goes beyond 64 in any constituency, EVMs cannot be used in such a constituency. The conventional method of voting by means of ballot box and ballot paper will have to be adopted in such a constituency.

What will happen if the EVM in a particular polling station goes out of order?

Ans. An Officer is put on duty to cover about 10 polling stations on the day of poll. He will be carrying spare EVMs and the out-of-order EVM can be replaced with a new one. The votes recorded until the stage when the EVM went out of order will be safe in the memory of the Control Unit and it will be sufficient to proceed with the polling after the EVM went out of order. It is not necessary to start the poll from the beginning.

Who has the devised the EVMs?

Ans. The EVMs have been devised and designed by Election Commission in collaboration with two Public Sector undertakings viz., Bharat Electronics Ltd., Bangalore and Electronic Corporation of India Ltd., Hyderabad after a series of meetings, test-checking of the prototypes and extensive field trials. The EVMs are now manufactured by the above two undertakings.

Q9. What is the cost of the machines? Is it not too expensive to use EVMs?

The cost per EVM (One Control Unit, one Balloting Unit and one battery) was Rs.5,500/- at the time the machines were purchased in 1989-90. Even though the initial investment is somewhat heavy, this is more than neutralised by the savings in the matter of printing of ballot papers in lakhs, their transportation, storage etc., and the substantial reduction in the counting staff and the remuneration paid to them.

Q10. In our country a sizeable section of the population being illiterate will it not cause problems for the illiterate voters?

Ans. In fact, voting by EVMs is simpler compared to the conventional system, where one has to put the voting mark on or near the symbol of the candidate of his choice, fold it first vertically and then horizontally and thereafter put it into the ballot box. In EVMs, the voter has to simply press the blue button against the candidate and symbol of his choice and the vote is recorded. Rural and illiterate people had no difficulty in recording their votes and, in fact they have welcomed the use of EVMs.

Political Career for youth- FAQ1-Electronic Voting Machine

Political Career for youth- FAQ1-Electronic Voting Machine

Can booth – capturing be prevented by the use of EVMs?

Ans. By booth-capturing, if one means, taking away or damaging of ballot boxes or ballot papers, this evil cannot be prevented by the use of EVMs as EVMs can also be forcibly taken away or damaged by miscreants. But if one looks at booth capturing as a case of miscreants intimidating the polling personnel and stamping the ballot papers on the symbol and escaping in a matter of minutes, this can be prevented by the use of EVMs. The EVMs are programmed in such a way that the machines will record only five votes in a minute. As recording of votes has necessarily to be through Control Unit and Balloting Unit, whatever be the number of miscreants they can record vote only at the rate of 5 per minute. In the case of ballot papers, the miscreants can distribute all the 1000 odd ballot papers assigned to a polling station, among themselves, stamp them, stuff them into the ballot boxes and run away before the police reinforcements reach. In half- an –hour, the miscreants can record only a maximum of 150 votes by which time, chances are the police reinforcement would have arrived. Further, the presiding Officer or one of the Polling Officers can always press the "close" button as soon as they see some intruders inside the polling station. It will not be possible to record any vote when once the ‘close’ button is pressed and this will frustrate the efforts of the booth-capturers.

Is it possible to use EVMs for simultaneous elections for Parliament and State Legislative Assembly?

Ans. Yes. It is possible to use EVMs for simultaneous elections for Parliament and State Legislative Assembly and the existing EVMs have been designed keeping this requirement in view.

What are the advantages in using EVMs?

Ans. The most important advantage is that the printing of millions of ballot papers can be dispensed with, as only one ballot paper is required for fixing on the Balloting Unit at each polling station instead of one ballot paper for each individual elector. This results in huge savings by way of cost of paper, printing, transportation, storage and distribution. Secondly, counting is very quick and the result can be declared within 2 to 3 hours as compared to 30-40 hours, on an average, under the conventional system. Thirdly, there are no invalid votes under the system of voting under EVMs. The importance of this will be better appreciated, if it is remembered that in every General Election, the number of invalid votes is more than the winning margin between the winning candidate and the second candidate, in a number of constituencies. To this extent, the choice of the electorate will be more correctly reflected when EVMs are used.

Does the use of EVMs slow down the pace of poll?

Ans. No. In fact the pace of poll is quickened by the use of EVMs as it is not necessary for the voter to first unfold the ballot paper, mark his preference, fold it again, go to the place where the ballot box is kept and drop it in the box. What he has to do under the system of EVMs is simply to press the button near the candidate and symbol of his choice.

With ballot boxes counting is done after mixing the ballot papers. Is it possible to adopt this system when EVMs are used?

Ans. The normal rule is to count the votes polling station-wise and this is what is being done when EVM is used in each polling station. The mixing system of counting is done only in those constituencies specially notified by the Election Commission. Even in such cases, the result from each EVM can be fed into a Master Counting Machine in which case, only the total result of an Assembly Constituency will be known and not the result in each individual polling station.

How long the Control Unit stores the result in its memory?

Ans. The Control Unit can store the result in its memory for 10 years and even more.

Wherever an election petition is filed, the result of the election is subject to the final outcome. The courts, in appropriate cases, may order a recount of votes. Whether EVMs can be stored for such a long time and whether the result can be taken in the presence of the officers authorised by Courts? Will not the battery leak or otherwise damage EVMs?

Ans. The battery is required only to activate the EVMs at the time of polling and counting. As soon as the polling is over, the battery can be switched off and this will be required to be switched on only at the time of counting. The battery can be removed as soon as the result is taken and can be kept separately. Therefore, there is no question of battery leaking or otherwise damaging EVMs. Even when the battery is removed the memory in the microchip remains intact. If the Court orders a recount, the Control Unit can be reactivated by fixing the battery and it will display the result stored in the memory.

Q18. Is it possible to vote more than once by pressing the button again and again?

Ans. No

As soon as a particular button on the Balloting Unit is pressed, the vote is recorded for that particular candidate and the machine gets locked. Even if one presses that button further or any other button, no further vote will be recorded. This way the EVMs ensure the principle of "one man, one vote".

How can a voter be sure that the EVM is working and his vote has been recorded?

Ans. As soon as the voter presses the `blue button’ against the candidate and symbol of his choice, a tiny lamp on the left side of the symbol glows red and simultaneously a long beep sound is heard. Thus, there is both audio and visual indications for the voter to be assured that his vote has been recorded.

Is it true that sometimes because of short-circuitry or other reason, a voter is likely to get an electric shock while pressing the `blue button ?

Ans. No

EVMs work on a 6-volt battery and there is absolutely no chance of any voter getting an electric shock at the time of pressing the `blue button’ or at any time of handling the balloting unit.