Theme: Government & Elections

Advertisements through Television and Radio 48 Hours before Elections

Advertisements or sponsored programmes or reports which support or criticize a candidate with an intention to influence the election cannot be broadcasted on the television or the radio. If general events relating to a political party are broadcasted which does not influence the public in any manner then it can be broadcasted via TV or the radio.(( Section 126(1)(b),The Representation Of The People Act, 1951.))

For example, if the television broadcasts a political leader insulting another candidate, then, such content will be taken down by the Media Certification and Monitoring Committee (MCMC).

Live Coverage on Electronic Media Outside Constituency

Due to the advancement in technology and development of different modes of electronic media, it is difficult to monitor all regions of a particular State conducting polls. At times, there might be a political event being conducted outside the constituency going to poll, which is being covered live on electronic media. In such situations, the live coverage will not be illegal if it only covers general discussion and not those relating to the specific constituency or specific candidate about to go to poll (in the 48 hour period).(( Subheading 8.3, Chapter 8, Manual for Model Code of Conduct.))

If any such live coverage on electronic media does take place, the candidate or party leader conducting the event will get the same punishment as they would have, had the event taken place within the constituency itself, i.e. jail time of 2 years and/or fine.

Influencing Public Servants to Commit Crimes

You are breaking the law if you as a public servant help someone commit the crime of influencing public servants. It does not matter that the public servant did not actually act on the influence exerted on him/her. The mere fact of the influence is a crime. You can be sent to jail for a period of 3 years to 7 years along with a fine.

Example: If I, as a District Magistrate, influence the Chief Engineer to favour a friend in a road construction tender, whether my friend gets the tender doesn’t matter, the magistrate can still be punished for just the influencing part.

Acts which are not sedition

The following acts do not amount to sedition as they are protected by your right to freedom of speech and expression under the Constitution of India:

  • Any criticism of government policies and their actions.
  • Any criticism done in good faith against the Government.
  • Any criticism done to improve the functioning of the Government.

In other words, commenting in strong terms upon the measures or acts of Government or its agencies is not the same as disloyalty towards the Government. As long as the words used by a person do not lead to people feeling enmity and disloyalty towards the Government and public disorder or use of violence, it is not an act of sedition.(( Kedar Nath v. State of Bihar, A.I.R. 1962 S.C. 955.))

Example I:

  • If Amit draws a cartoon for a newspaper highlighting and ridiculing the corruption in the Government, it would not amount to sedition.(( Sanskar Marathe v. State of Maharashtra & Ors., 2015 (2) R.C.R. (Cr) 351.))
  • If a filmmaker makes a documentary on the violence of Jammu and Kashmir and critiques the Government actions in it, they would not be liable for sedition.

Example II:

  • If Bobby sticks posters in the public library to boycott the general elections to the Legislative assembly and writes “No vote for the masters who are exploiting people”, this does not amount to sedition.
  • If Rahul criticizes the government on his Facebook wall for not maintaining the roads in his area, and says bad things about the government, it would not amount to sedition.(( Balwant Singh v. State of Punjab, (1995) 3 S.C.C. 214.))
  • If Tanya expresses her anger against any administrative or other action of the Government without exciting or attempting to excite any hatred or violence, then it would not amount to sedition.

Example III:

  • If Raj gives a fiery speech at a stage rally about the ongoing injustice to a certain community, then his speeches won’t amount to sedition if they do not incite any violence or cause public disorder.(( Arup Bhuyan v. The State of Assam, (2011) 3 S.C.C. 377.))
  • If Ramu holds a slogan saying “I hate the Government, the Government is corrupt”, it is not an act of sedition. If the slogan had resulted in people hating the Government along with violence, then it would be an act of sedition.

Power of the Armed Forces to Shoot and Use Force

The power of the armed forces to shoot and use force can be used against:

  • any person who is violating any law, or
  • any person forming an assembly of five or more people, or
  • any person carrying weapons or things capable of being used as weapons or firearms, ammunition or explosive substances, while these are prohibited in the disturbed area. For example, if carrying lighters is prohibited and you carry one, the army can use force against you.

An officer can use these powers if they think that it is necessary to do so to maintain public order. The officer has to give due warning to the person they are shooting at.

Example: In disturbed areas various activities are not allowed. If a group of armed people create a law and order problem and try to enter a certain area where they attack an army convoy or violate the law in any other way, the armed forces officer can respond to them by shooting them.

How does the Government regulate unlawful associations?

Declaring an association as unlawful

If the Central Government believes that any association is, or has become, an unlawful association, it can declare the association as unlawful by publishing an official Gazette notification, usually with reasons for declaring the association as unlawful. The Government will also send the notification to the concerned association and publish it in at least one daily newspaper in the State where the association has its head office(( Section 3, Unlawful Activities (Prevention) Act, 1967.)).

 

After putting out the notification:Step 1: Sending the notification to the Tribunal 

The Government should send the notification to the Unlawful Activities (Prevention) Tribunal within thirty days of its publication, to decide whether there is enough reason for declaring the association unlawful.

Step 2: Sending a notice to the association

The Tribunal will then send a written notice to the association, asking it to justify within thirty days why it should not be declared unlawful.

Step 3: Inquiry by Tribunal and Final Order

The Tribunal will inquire and decide whether there is enough reason for declaring the association unlawful. Within six months of the Gazette notification, the Tribunal will pass an order either confirming the Government’s declaration or cancelling it(( Section 4, Unlawful Activities (Prevention) Act, 1967.)). The order will be published in the official Gazette, and will be valid for five years unless the Government cancels it(( Section 6, Unlawful Activities (Prevention) Act, 1967.)).

 

Changing Your Name

To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette. You can choose to publish it in the Central Gazette if you want to apply for any higher studies abroad, visa applications, passport application, etc. If you choose to publish it in the State Gazette, then it will only be published within your State but you can use this to update/obtain many identification documents, change your name in school certificates, etc. Follow the steps given below to change your name:

Step 1: Make an Affidavit/Undertaking

You will have to make the documents given below depending on where you want to publish your new name:

  • Affidavit (for both State and Central Gazette)
  • Undertaking (for the Central Gazette)

An affidavit/undertaking are documents which contain facts written by you such as your desired new name. 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.

Step 2: Go to a Notary or Oath Commissioner

Find the nearest/local Notary or Oath Commissioner who will verify your affidavit/undertaking. Your document will be stamped after which it will be a valid legal document. You will have to pay a fee for this service.

Step 3: Advertise your new name in a Newspaper

You will have to approach two local leading newspapers in your state (one in your regional language and one in English) and request them to publish your new name after showing the verified affidavit. You will have to pay a fee to the newspapers to publish the advertisement.

Step 4: Publish it in the Central or State Gazette

You will have to publish your name either in a State Gazette (within your state) or the Central Gazette (national level).

 State Gazette

You must approach the Government Press of your respective state, fill up the respective form given by them and pay the prescribed fees.

Central Gazette 

If you want to publish your name in the Central Gazette, you will have to send it to the address “Department of Publications, Civil Lines, New Delhi-54” with the following:

  • Your verified Affidavit and Undertaking.
  • Advertisement clipping of the original newspaper.
  • Self attested ID proof and 2 self attested passport photos.
  • Copy of proforma with signatures by you and 2 witnesses.
  • CD copy of proforma with your typed name (excluding witnesses and signatures).
  • A certificate signed by you declaring therein that the contents of hard copy and soft copy are similar.
  • Request letter along with a fee.

Step 5: Proof of Name Change

Both the Central and State Gazette take a lot of time to publish names. You should search for your name in your respective State Gazette website. For the Central Gazette,  follow these steps:

  • Go to the Central Gazette page and click on ‘Search Gazette’
  • Add the category ‘Weekly Gazette’ and press search.
  • Select ‘Part IV’
  • Add in the dates
  • in the “keyword” section, add your new name.
  • Click on the results generated, and
  • Download the relevant file and this downloaded copy can be used as proof.

What are the Steps for Changing Your Name?

To change your name, make an addition or delete a part of your name, you will have to follow the steps given below and make sure that it is published either in the State or Central Gazette. You can choose to publish it in the Central Gazette if you want to apply for any higher studies abroad, visa applications, passport application, etc. If you choose to publish it in the State Gazette, then it will only be published within your State but you can use this to update/obtain many identification documents, change your name in school certificates, etc. Follow the steps given below to change your name:

Step 1: Make an Affidavit/Undertaking

You will have to make the documents given below depending on where you want to publish your new name: 

  • Affidavit (for both State and Central Gazette)
  • Undertaking (for the Central Gazette) 

An affidavit/undertaking are documents which contain facts written by you such as your desired new name, the gender you identify with, medical procedures you have undergone, etc. 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. 

Step 2: Go to a Notary or Oath Commissioner

Find the nearest/local Notary or Oath Commissioner who will verify your affidavit/undertaking. Your document will be stamped after which it will be a valid legal document. You will have to pay a fee for this service. 

Step 3: Advertise your new name in a Newspaper

You will have to approach two local leading newspapers in your state (one in your regional language and one in English) and request them to publish your new name after showing the verified affidavit. You will have to pay a fee to the newspapers to publish the advertisement. 

Step 4: Publish it in the Central or State Gazette

You will have to publish your name either in a State Gazette (within your state) or the Central Gazette (national level). 

State Gazette

You must approach the Government Press of your respective state, fill up the respective form given by them and pay the prescribed fees. 

Central Gazette 

If you want to publish your name in the Central Gazette, you will have to send it to the address “Department of Publications, Civil Lines, New Delhi-54” with the following: 

  • Your verified Affidavit and Undertaking.
  • Advertisement clipping of the original newspaper.
  • Self attested ID proof and 2 self attested passport photos.
  • Copy of proforma with signatures by you and 2 witnesses.
  • CD copy of proforma with your typed name (excluding witnesses and signatures).
  • A certificate signed by you declaring therein that the contents of hard copy and soft copy are similar. 
  • Request letter along with a fee.

Step 5: Proof of Name Change

Both the Central and State Gazette take a lot of time to publish names. You should search for your name in your respective State Gazette website. For the Central Gazette,  follow these steps:

  • Go to the Central Gazette page and click on ‘Search Gazette’
  • Add the category ‘Weekly Gazette’ and press search.
  • Select ‘Part IV’ 
  • Add in the dates  
  • In the “keyword” section, add your new name.
  • Click on the results generated, and
  • Download the relevant file. This downloaded copy can be used as proof.

Who can vote in Lok Sabha elections?

Every Indian citizen over the age of 18(( Article 326, Constitution of India, 1950.)) has the right to participate and vote in national, state, district as well as local government body elections. You have to register yourself as a voter on the electoral roll of your constituency. To register on the electoral roll you have to ensure that(( How to Register a Vote, Systematic Voters Education and Electoral Participation, available at https://ecisveep.nic.in/)):

  • You are a citizen of India.
  • You are above the age of 18 years
  • You are mentally fit
  • You haven’t been convicted by a court for committing any of the following crimes:
    • Bribery
    • Voting on behalf of someone else
    • Trying to prevent someone from voting by threatening them
    • Inciting or promoting hatred and violence between people
    • Obstructing or destroying election processes/documents

Ban on Liquor 48 Hours before Elections

There is a ban on  liquor 48 hours before elections.(( Section 135(c), Representation of People Act, 1951.)) The day(s) on which a constituency observes a silent period is a dry day. The law requires all liquor shops to be closed 48 hours before the date of polling to prevent consumption, distribution of alcohol and bribing of voters. States are responsible for making sure that the liquor shops around neighbouring constituencies are also closed.

Who is Covered Under the MCC?

The MCC covers(( Heading 3.5, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct.)):

  • Political parties,
  • Candidates,
  • Organizations,
  • Committees,
  • Corporations, and
  • Commissions funded wholly or partially by the central or the state government. Example: Electricity Regulatory Commissions, Jal Boards, Transport Corporations, etc.