Theme: Government & Elections

Candidate’s Legal Duties to the Community

Candidates while campaigning have a duty to(( Chapter 4, Heading 4.4, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct.)):

Not Spread Hatred

Candidates should not promote or attempt to promote any feelings of enmity or hatred in the name of religion, race, caste, community, language, etc. by a candidate or a political party.

For example, if a candidate while campaigning asks the Hindu community to vote for him/her, with the promise of eradicating other religious minorities, then this is a practice of spreading hatred among the people.

Not to Promote Sati

Candidates should not propagate or glorify sati since it is not only banned under the MCC but also the law.

For example, if a candidate promises to bring back the sati practice in a community in exchange for votes, then it is a violation of the MCC.

Not Make False Statements

Making false statements in connection with an election to influence the voters to vote for or refrain from voting for a candidate is a violation of the MCC.

For example, if a candidate makes a statement saying that the EVM Machine is recorded and threatening voters with consequences if they do not vote for him, then it is a violation of the MCC.

Duplicate/Lost Learner’s License

If you have lost or damaged your Learner’s License, you can get a duplicate Learner’s License with your application number and date of birth. Follow the steps given below to get a print-out of your Learner’s License:

Step 1 – You should visit the website of Ministry of Road Transport and Highways, and select the State. This will redirect you to a page that will ask you for your application number and date of birth.

Step 2 – You should fill in the required details.

Step 3 – You can then print your Learner’s License.

If you require any additional help and support, please see here.

Read this government resource to know more

What is Proxy voting for Service Voters?

If you are a service voter belonging to either of the following two categories, then you have an option to vote through a proxy at your home constituency(( Service Electors FAQ, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/service-voter/faqs-service-electors-r13/)):

  • Armed forces of the Union
  • Assam Rifles, Central Reserve Police Force, Border Security Force, Seema Sashastra Bal, Indo-Tibetan Border Police, Central Industrial Security Force, General Engineering Reserve Force and Border Roads Organisation under Border Roads Development Board

If you choose this option to vote, you will be recognised as a ‘Classified Service Voter’ (CSV).

This option is NOT available to armed police forces of a State or government officials and diplomats serving abroad.

You can appoint any person living in your home constituency as your proxy if they are:

  • Someone who has been living in that constituency for some time and is a citizen of India
  • Above 18 years of age
  • Not banned from registering as a voter on the electoral roll of that constituency.

How to Appoint a Proxy(( Service Electors FAQ, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/service-voter/faqs-service-electors-r13/))

Sign a duly filled Form 13F before your commanding officer of your unit, ship or establishment and send it to the person who you are appointing as proxy. The proxy will have to sign the form in front of a notary or a First Class Magistrate and submit it to the Returning Officer at your constituency. If you are at your home constituency, both you and your proxy can sign Form 13F before a notary or a First Class Magistrate.

You can exercise this option of voting through proxy only till you remain a service voter.

Once appointed, they will continue to be your proxy till you revoke their appointment, or till they die. If you wish to revoke this to back to voting through postal ballots, you must fill Form 13G and send it to your Returning Officer. As soon as he receives the duly filled form, the proxy will be revoked.

How to vote through proxy(( Service Electors FAQ, Election Commission of India, available at https://eci.gov.in/faqs/voter-electors/service-voter/faqs-service-electors-r13/))

Your proxy will cast your vote at the polling station, by following the standard procedure set for general voters. This vote that your proxy will cast will be in addition to the one they may cast in their own name. For the vote that the proxy casts for you, the indelible ink marking will be made on the middle finger of their left hand.

Use of Government Property for Political Meeting and Campaigning

The political parties or candidates are not allowed to use public places like maidans, helipads, etc for holding public meetings.

For this purpose, political parties and candidates are allowed to use public or government-owned spaces such as playgrounds of schools, colleges and other educational institutions or other such public properties, provided that(( Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/)):

  • Academic calendar of school/college is not disturbed under any circumstances.
  • The school/college management has no objection, and prior permission for such campaigning is obtained from them as well as Sub Divisional Officer concerned.
  • Such permission is granted on first-come-first served basis and no political party is allowed to monopolize use of such grounds.
  • There is no order/direction of any court prohibiting use of any such premise/ground.
  • The political parties/candidates/campaigners shall ensure that the MCC is not violated.
  • The political party or candidate who has been allowed to use the school grounds will have to ensure that no damage is done to the to the ground. If there is any damage then they must pay appropriate compensation to the school authorities.

Private property can also be used for campaigning for political meetings but they will have to take permission from the owners.

If a person does not take permission from the owner of the property (public or private), it would be a crime where the person will be punished with jail time upto 3 months and/or a fine.

New/Reissue/Updation of Passport

The procedure for a new Passport, updating a Passport and re-issuing a Passport in case you have lost or damaged it, is the same in India. With respect to Passport, reissue refers to renewal of a passport. These can be done either online or in-person – both the procedures are described below.

Please note that you can cancel/reschedule your Passport appointment only two times in a given year, and once that is over, you must restart the process after one year.(( Ministry of External Affairs, Passport Seva, FAQs, Fee Payment, https://portal1.passportindia.gov.in/AppOnlineProject/online/faqFeePayment)) For example, if you have booked an appointment for 16th January, 2020, and you change it to 20th January, 2020, you only have one opportunity left to change/cancel your Passport appointment.

Online Procedure

You have two modes of application i.e. via online form submission(( Ministry of External Affairs, Passport Seva, e-Form Submission, https://portal1.passportindia.gov.in/AppOnlineProject/online/pccOnlineEForm)) or via online e-form submission.(( IndiaGov, Passport Seva Portal, https://www.india.gov.in/spotlight/passport-seva-portal-convenient-way-get-passport#tab=tab-2)) These are discussed in detail below:

Step 1 – For online form submission, you should register on Passport Seva Portal, and then log in to the Passport Seva Portal, where you will be able to download the e-Form for fresh/reissue of Passport. For e-form submission, you should register on Passport Seva Portal and then log in to the Passport Seva Portal, where you should click on “Apply for Fresh Passport or “Reissue of Passport”.

Step 2 – For online form submission, you should download the form, and fill it, and click it “validate and save”. This will generate an XML file, which you must upload through “upload e-form”.  For e-form submission, you should fill in the form and submit it.

Step 3 – You should click on “Pay and Schedule Appointment”, which will enable you to schedule an appointment at Passport Seva Kendra (PSK) at a branch of your preference.

Step 4 – You should make the online payment.  The fee payable also varies on the basis of what kind of Passport you are applying for, if it is a new Passport or a re-issue, etc.

Step 5 – You should take a print-out of the application receipt containing Application Reference Number (ARN) or Appointment Number, and visit the PSK where you have booked your appointment,  along with original documents. You can also check this list to find out the Passport Seva Kendras in India.

Step 6 – You should get your documents verified in the PSK. The documents required vary on the basis of whether the applicant is a major person, minor person or senior citizen, if the applicant is eligible for Non-ECR category, reason for reissue, etc. You will generally require to provide proof of birth, proof of residence, and proof for Non-ECR category, if applicable. See here for a consolidated list of documents that you will require.

Step 7 – You should get your finger impressions taken, and get your photograph clicked.

Step 8 –  You should get police verification done, where the police from your local police station will come and verify your address.

Step 9 – You can track your application status through the online account you have made on the portal.

Step 10 – Your Passport will be delivered to you. The time taken for you to get your Passport also depends on many factors, such as need for police verification, time taken for verification of documents, etc.

Procedure for Applying In-Person(( IndiaGov, Passport Seva Portal, https://www.india.gov.in/spotlight/passport-seva-portal-convenient-way-get-passport#tab=tab-2))

To apply for a new Passport/reissue of Passport in person,follow the steps given below:

Step 1 – You should download the application form for new/reissue of Passport from Passport Seva Portal on an A4 size paper, or purchase the form from the local District Passport Cell (DPC) for a nominal fee. See here to find a DPC.

Step 2 –  You should fill the form, and submit it with the required documents to the DPC.

Step 3 – You should get your application and documents verified by the officials at DCP. See Step 3 of online procedure for details.

Step 4 –  You should pay the prescribed fee in the form of a demand draft. Please ensure you write your name, date of birth, and the date of submission of form behind the DD. See above for details.

Step 5 –  You should get your finger impressions taken, and get your photograph clicked.

Step 6 – Thereafter, you should collect the Acknowledgment Letter which contains a File Number, which you can use for tracking the application status.

Step 7 – You should get police verification done, where the police from your local police station will come and verify your address.

Step 8 – Your Passport will be delivered to you. The time taken for you to get your Passport also depends on many factors, such as need for police verification, time taken for verification of documents, etc.

If you require any additional help and support, please see here.

Read this government resource to know more

Conduct of Candidate While Campaigning

There is a certain conduct that candidates must follow while campaigning. All political parties and candidates should avoid activities that affect the voters and other candidates such as(( Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct)):

Actions against Voters

  • Bribes: Bribing voters to vote for or not vote for a candidate or party. For example: Giving a voter a television to vote for a candidate.
  • Threats: Threatening voters that there will be consequences for not voting for a certain party/candidate.
  • Inducing Voters: Trying to make anyone believe that they will be subject to any godly punishment if they do not follow the instructions of the candidate.
  • Impersonation of Voters: Impersonation of voters to cast illegal votes.

Actions against Candidates

  • Threats to Other Candidates: Threatening any other candidate or voter with injury or any kind of social ostracism, ex-communication or expulsion from any caste or community.
  • Personal Attacks: While criticising other candidates and political parties, candidates must restrict their comments to policies, programmes, past records and works of other parties and candidates. They should not criticise or comment on the private lives of other candidates, political parties or their workers. Criticism based on unverified reports should also be avoided at all costs.

Passport

A Passport is an official document issued by the government that allows you to travel(( Section 3, Passports Act, 1967[)) internationally, and serves as a proof of identification.(( Section 3, Passports Act, 1967)) The Ministry of External Affairs issues Passports through the Central Passport Organisation (CPO) and you will be able to apply for a passport by approaching Passport Offices, Passport Seva Kendras (PSK) and Post Office Passport Seva Kendras (POPSK) in India.

There are three kinds of Passports: ordinary, official and diplomatic.(( Section 4(1), Passports Act, 1967)) In this section, only ordinary Passports will be covered, for which only Indian nationals are eligible. Please note that you can hold only one Passport at a time.(( Rule 13, Passports Rules, 1980))

Please note that a Passport will be valid for a period of 10 years,(( Rule 12(1A), Passports Rules, 1980)). India-Bangladesh Passports which were valid for 3 years have been discontinued in 2013. (( Rule 12(2), Passports Rules, 1980))

Precautions to be taken in Relation to a Passport:(( Schedule V (Conditions 3, 4, 5, 6, 7, 8), Passports Rules, 1980))

  • You must not send a Passport out of any country by post.
  • You should not let anyone who is not authorized to use the Passport possess it.
  • You are personally responsible for its safety, so if it is damaged or lost, you must immediately report it to the nearest Passport authority, or the nearest Indian Mission or Post and to the local police, if you are abroad.
  • You must not alter your Passport in any way, without authorization of the relevant official(s).
  • If your children’s particulars are included in your Passport, they must not travel alone.
  • A child, whose particulars are included in his guardian’s Passport, must apply for a separate one on turning 15 years of age.

If you violate these provisions, you can be punished with jail time between  3 months and 2 years and/or a fine between Rs. 500 and Rs. 5,000, on the first offence, and with double the penalty on subsequent  offence.(( Section 12, Passports Act, 1967)) For example, if you allow someone to use your passport, the first you will be jailed for 2 years and/or fined Rs. 5,000, and if you do it again, you will be jailed for 4 years and/or be fined Rs. 10,000.

Penalties in Relation to a Passport 

If you do any of the following, you can be punished with jail time between 1 and 5 years and a fine between Rs. 10,000 and Rs. 50,000(( Section 12(1), Passports Act, 1967)):

  • You travel internationally without  a valid Passport or travel documents
  • You provide false information and do not disclose information, in order to get a Passport
  • You do not provide your Passport for inspection to relevant authorities (i.e. any Passport authority, any police officer above and equal to the rank of Sub-Inspector, and any officer empowered by the Central Government in relation to this)
  • You use a Passport or travel documents that belongs to another person
  • You allow another person to use your Passport or travel documents
  • You aid or help anyone in doing the points given above.

Please read here for surrender of Passport, and here for revocation and impounding of Passport.

You can get a new Passport or get it reissued and updated. There is also a facility for a Tatkal Passport. If you require any additional help and support, please see here.

Read this government resource to know more.

How do you Report and Complain during Elections?

There are options of reporting and complaining during elections. If you have any complaints due to lack of action etc. by authorities, there are many ways to contact the election authorities:

Going to the Officer

You can send a letter to the Electoral Regional Officer, Chief Election Officer or the District Election Officer and file a complaint. You can find out where the offices are here.

Online Websites

The National Grievances Service by the Election Commission is a website where you can file all complaints, suggestions or give information.

Email

If you are an Indian Citizen, then you can send an email to complaints@eci.gov.in and if you are an overseas elector then you can send an email to overseas.elector@eci.gov.in. You can send an email regarding any suggestions or complaints and request any information.

Mobile Applications

If you are an Android Smartphone user, then go to the play store and download the Voter Helpline App. You can lodge your complaint by using the mobile app. To understand more about the application look the C-Vigil Manual.

By Post

You can send a letter to the Electoral Regional Officer, Chief Election Officer or the District Election Officer and file a complaint. You can find out where the offices are here.

Ban on Use of Official Vehicles during Campaigning

The use of any official vehicles for campaigning or election-related travel from the date of announcement of elections till the completion of elections is not allowed.(( Section 123(5) and Section 160, Representation of the People Act, 1951.))

But, if a political leader is under threat of extremist and terrorist activities and requires security, they can request the Election Commission for the use of an official vehicle.

What are Official Vehicles?

Official vehicles are those vehicles that belong to the following(( FAQs, Election Commission of India, available at https://eci.gov.in/faqs/.)):

  • Central/State government,
  • Public Undertakings/Joint Sector Undertakings of central and state governments,
  • Local bodies, Panchayats, Municipal Corporations, Cooperative Societies, Marketing boards,
  • Autonomous district councils in which public funds are invested,
  • Ministry of Defence and other Ministers.

The different kinds of official vehicles are helicopters, aircraft, cars, jeeps, automobiles, boats, hovercrafts, trucks, lorries, tempos, cycle-rickshaws, auto-rickshaws, buses, etc.