Theme: Government & Elections

What are Lok Sabha elections?

Through the Lok Sabha elections you are electing the Members of Parliament(( Article 79, Constitution of India, 1950.)) 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. (( Article 83 (2), Constitution of India, 1950.))

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 members (( Article 81, Constitution of India, 1950.)) 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.

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.(( Section 126(2), The Representation Of The People Act, 1951.))

  1. Section 126(1)(c), 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.(( 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.))

Public Servants Accepting Bribes

Corruption is the abuse of power by people in power for their own gain in a dishonest or unethical way. In India, it is illegal for public servants to accept money/gifts over and above their salary, in return for doing their duty, favoring a person or for not doing their duty. Any person helping the public servant commit these crimes can also be punished.

Public servants in India are not allowed to:

  • Accept money/gifts other than the salary provided as part of their job;
  • Ask for or get money/gifts, in addition to their salary, in return for doing their official duty;
  • Ask for or get money/gifts, in addition to their salary, in return for not doing their official duty;
  • Be partial to someone who has paid them money or give them gifts;
  • Do any special favours for someone who has offered them money or gifts;
  • You can be sent to jail for a period of 3 to 7 years and be asked to pay a fine for doing any of the above.

A public servant breaks the law by accepting any gift or benefit, not just money. You are breaking the law if you, as a public servant, accept something of value from a person without paying for the gift/service and with whom you have a business or official relationship. You can be sent to jail for a period of 6 months to 5 years and may also have to pay a fine.

Example: You are a public servant working in the Public Works Department and are in-charge of approving tender for road construction. You accept a car from Ravi without paying him any money. You know that his company will apply to your department for approval of a contract to build a highway. If Ravi is given the approval, accepting the car would be considered as accepting a bribe.

Sedition and Dissatisfaction towards the Government

An act is seditious if your act results in people feeling hatred or contempt towards the Government. A person commits sedition if they use either spoken or written words or gestures, aimed at encouraging people to(( Section 124A, Indian Penal Code, 1860.)):

  1. Disobey the authority of the Government, or
  2. Resist the authority of the Government.

These actions should lead people to resort to violence and create public disorder. An attempt to make people disobey or resist the Government through acts of public disorder or violence may also be an act of sedition.(( Nazir Khan v. State of Delhi, 2003 (8) S.C.C. 461.))

Special Powers of the Armed Forces

The Armed Forces (Special Powers) Act, 1958 (AFSPA) grants certain ‘special powers’ to the members of the armed forces in disturbed areas. This law extends to the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Jammu and Kashmir. Jammu and Kashmir has a separate AFSPA enacted in 1990 which is similar to the AFSPA, 1958, except for a few provisions.

Under AFSPA the Military is considered to be “armed forces”. When the Air Forces operate on the ground, then they are also known as “armed forces” and have the special powers and duties under AFSPA. Other armed forces of the central government such as Border Security Force (BSF) are also included under AFSPA. However, the Navy is not included under “armed forces”.

There are certain officers of these armed forces who have been granted special powers i.e. power to shoot and use force, destroy shelters/storage, arrest without a warrant, enter and search. These band of officers include:

  • Commissioned officers,
  • Non-Commissioned Officers,
  • Warrant Officers.

What is an unlawful association?

An unlawful association is a group which tries to commit or commits unlawful activities or any activity punishable under Sections 153A or 153B of the Indian Penal Code, 1860. Unlawful associations include:

  • Groups which encourage or assist people to participate in such activities. For example, a group who conspires to plan a terrorist attack.
  • Members who themselves participate in such activities((  Section 2(p), Unlawful Activities (Prevention) Act, 1967.)). For example, if a person engages in distribution of explosives for a terrorist activity.

Getting Identification Proof (ID Proof)

In India, getting proof of identification is of paramount importance since an ID proof contains your personal details, which are useful for authorities to determine and verify your identity. ID proofs serve various purposes including:

  • Government Benefits: ID proofs, such as Ration Cards, enable you to apply for and receive government benefits, such as food at subsidized prices, etc.
  • Proof of Age and Proof of Residence: Various ID proofs serve as proof of address and proof of age, required for day-to-day activities. For instance, a PAN Card can be used for  opening a bank account. 
  • Photo Identity: Various ID proofs serve as a proof of photo identity. For example, when you enter an airport, you need to give a photo identity card, such as your Driving License which helps cross-check your picture.
  • Utilizing Government Services: ID proofs also allow you to enjoy certain things, like driving a car, riding a motorcycle, etc. For example, a Passport allows you to travel internationally.

You should try to get at least one proof of identification, as it will simplify the process of getting other ID proofs. Please note that there is no proof of citizenship in India. Your identification proofs and documents are only used as a proof for authenticating and verifying who you are.

Types of ID Proofs

The Government of India issues multiple identification documents. The most commonly used identification cards/documents are:

For a full list of documents accepted as proof of identification, see here.

Read this government resource to know more

Proof of Gender Identity

Gender identity refers to an individual’s self-identification as a man, woman, transgender or other identified category, like intersex.(( Navtej Singh Johar and Ors. vs. Union of India (UOI) and Ors. (2018)10 SCC 1 Para (5).)) When you face any trouble with officials or people who want you to prove the gender you identify with, you have the option of showing them the documents given below. 

 

Option 1: Affidavit or Undertaking

An affidavit/undertaking is a document which contains facts written by you such as your desired new name, gender you identify with, etc. You will have to verify the affidavit/undertaking with a Notary or Oath Commissioner who will stamp and sign it, thereby making it a valid legal document which can be used as proof. For example, you can use the affidavit/undertaking not only while changing your name but also while getting an Aadhar card, opening a bank account, getting a SIM Card, etc. The affidavit/undertaking will be a document that you can use to prove facts such as the medical procedures you have undergone and the gender you identify with, etc. 

 

Option 2: Medical Certificate

If you have undergone any sex-change operation, you can show the medical certificate from the hospital as proof of gender change. The details of any medical procedures you have undergone can also be written in the affidavit/undertaking so that you have a legal and notarized document as proof.

 

Option 3: Name change in Gazette

If you have changed your name to reflect the gender you associate with and you have successfully published it in the Central/State Gazette, then you can take a copy of the Gazette notification as proof. Gazette notifications itself can be considered proof and it is not necessary that you have to notarize them.

No one can subject you to any form of gender verification, where you are harassed or touched inappropriately in private or in public. This is why the documents given above are important proof of your gender identity. If you face any form of harassment, you should file a complaint with the police and take the assistance of a lawyer during this process.

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). (( Chapter III, Part VI, Constitution of India, 1950.))

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.