Theme: Government & Elections

2 Days Before Voting Day

In the period of 48 hours (2 days) before voting day, all election related campaigning stops – it is called the silence period. This applies to both State and General (for example, Lok Sabha) elections. 

No one – citizens, journalists, candidates, election agents, movie actors, theatre artists, etc. –  is allowed to do any election related campaigning.

The following is not allowed 48 hours before polling:

If anyone, including candidates and political parties, violates any of these provisions and campaigns within the silence period, they will be punished with jail time of up to 2 years and/or fine.

What is the Model Code of Conduct (MCC)?

The Model Code of Conduct (MCC)(( Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct.)) are rules and regulations which regulate the actions of the political parties, candidates, people supporting them, the civil servants during election time and anybody else who is associated with elections. It also regulates the actions of other individuals and organizations with the aim of making the elections as transparent as possible.

The MCC ensures that the elections are held on fair grounds and no action is taken by a party in power so as to derive any benefit during the elections. The MCC also levels the playing field for all the political parties involved in the electoral process.

In the case of the Lok Sabha election, the MCC applies to the whole of India.

Public Servant

You are a public servant if you are:

  • Working for the government
  • Your salary is paid by the government
  • The work you do is a public duty

You can also be considered a public servant if you are:

  • Working for and are being paid by a local authority like a municipality or panchayat.
  • Employed in educational or cultural institutes which get money from the central, state or local government (like the panchayat).
  • A co-operative society engaged in agriculture, industry, trade or banking, and the co-operative society is receiving money from:
    • the government, or
    • a company created by laws passed by the government, or
    • a company that is owned or controlled by the government or aided by the government, or
    • a company in which the government is the majority shareholder.
  • Employed by and being paid by:
    • a company established under central or state laws (for example, the Life Insurance Corporation), or
    • a company which is aided by, owned or controlled by the government, or
    • a company where the government is the majority shareholder (for example, the Air India Limited).

Meaning of Sedition

When anyone tries to bring hatred or contempt or excites disaffection towards the government, they have committed an act of sedition. An act of sedition has to be done through one of the following ways:

  • Words (spoken or written).
  • Visual representation such as signs, videos, pictures or cartoons.

The result of an act of sedition should be violence or public disorder or an attempt to cause violence/public disorder.(( Kedar Nath v. State of Bihar, A.I.R. 1962 S.C. 955.))

The Supreme Court has held in various judgments that the law of sedition is only applicable where:

  • A person causes violence, or
  • A person encourages people to create violence.(( Section 124A, Indian Penal Code, 1860.))

For example, Shri Rampal, the leader of a village, gives a speech where he asks the people to rebel against the Government so that they can secede from India. This leads to a lot of hatred against the Government along with public disorder and riots. Shri Rampal would be held liable for an act of sedition.

Army Control of a Disturbed Area

When it appears to the government that a dangerous situation has developed in a certain area of the country and it requires the armed forces to take control of that area, such an area is declared as a disturbed area. The provisions of AFSPA apply in such disturbed areas.

To declare an area as a ‘disturbed area’ there must exist a grave situation of law and order on the basis of which the Governor/Administrator can form an opinion that the area is in such a disturbed or dangerous condition that the use of armed forces is necessary.

Such a declaration has to be for a limited duration and there should be a periodical review of the declaration before the expiry of six months.

The government has to do this declaration through a notification in the Official Gazette, which is a periodical publication which contains public or legal notices.

Example: The Government of India declared Jammu and Kashmir as a disturbed area in 1990. It was declared a disturbed area because of the rise in insurgency and militancy during that time.

Voting and Elections

Elections are a way for citizens to choose someone to be their political leader or representative in government. By voting, citizens can influence the decisions about how their country is governed. Watch our videos to learn more about your rights as a voter.

What are unlawful activities?

An unlawful activity can be through actions, words (spoken or written), signs or visible representations, etc. An “unlawful activity” under this law can include((  Section 2(o), Unlawful Activities (Prevention) Act, 1967.)):

  • Anything done to bring about the surrender of Indian territory. For example, staging a coup to take over Delhi from the Government’s control.
  • Any action that supports the withdrawal of a part of Indian territory from the larger Union of India. For example, conspiring to make an Indian state an independent territory which is no longer a part of India.
  • Actions that question or disrupt the sovereignty and territorial integrity of our country. For example, working with foreign agents to overthrow the government.
  • Any action which causes (or wants to cause) discontent against India. For example, publishing a book spreading misinformation and falsely discrediting the Government to incite rebellion.

Voting and Elections Rights of SC/ST

It is a crime to interfere with the voting rights of members of SCs or STs. If you do any of the following, you will be punished with imprisonment anywhere between 6 months and 5 years along with a fine:

  • Force them to vote in a certain way.
  • Stop them from standing for elections.
  • Stop them from proposing a candidate, or seconding the nomination of another SC/ST candidate.
  • Punish them for voting a certain way.

It is also a crime to interfere with the work of an SC/ST member who is a Panchayat member or holds office in a municipality. Force or intimidation cannot be used to prevent such a person from doing their work.

Citizenship in India

Citizenship is the legal status given to a citizen of a particular country, which is granted by the Government. The rights that citizens of India have differ from non-citizens. For example, only citizens of India can contest in elections, (( Election Commission of India, FAQs, Contesting for Elections, Q.1., https://eci.gov.in/faqs/page/2/; Mr. Louis De Raedt & Ors. v. Union of India & Others, 1991 SCR (3) 149))), etc.

Proof of Citizenship

In India, the government has not mandated that citizens should hold any particular document to be regarded as Indian citizens, except in Assam. Indian citizens may choose which proof(s) of identification they want to acquire, based on the services that card/document provides. For instance, one must have a PAN Card to be able to file income tax returns or a Voter ID Card to vote in elections, but the government does not mandatorily require you to possess any of these proofs of identification.

However, please note that no proof of identification, such as Aadhar, Passport, is a conclusive proof of citizenship in India.

Acquiring Indian Citizenship

Under the law, you are considered an Indian citizen if you are born in India and fall in one of the 3 categories below: (( Section 3, Citizenship Act, 1955))

  • If you were born between 26th January 1950 to 1st July 1987: You are a citizen irrespective of the nationality of your parents.
  • If you were born between 1st July 1987 to 3rd December 2004:  One of your parents should have been an Indian citizen when you are born
  • If you were born on or after 3rd December 2004: Both your parents must be  Indian citizens; or if only one of your parents is a citizen, then the other is not an illegal immigrant

There are three other procedures that can be followed to become an Indian citizen i.e. by descent,(( Section 4, Citizenship Act, 1955)) naturalization(( Section 6, Citizenship Act, 1955)) and registration.(( Section 5, Citizenship Act, 1955)) Through these, you can also acquire Indian citizenship if you were born outside India in certain cases. Indian residents and others, who are not citizens by birth, can apply for Indian citizenship.  For more information, click here.

Termination of Indian Citizenship

Your status as an Indian citizen can be terminated if:

  • You give up your Indian citizenship.(( Section 8(1), Citizenship Act, 1955))
  • You voluntarily acquire the citizenship of another country.(( Section 9(1), Citizenship Act, 1955))

Furthermore,  if you are not born as an Indian citizen and have acquired citizenship by naturalisation or registration under certain circumstances, then the Government  may deprive you of your status as an Indian citizen:

  • If you show yourself to be disloyal towards the Constitution of India,(( Section 10(2)(b), Citizenship Act, 1955))
  • If your citizenship  was obtained fraudulently, by false representation or by not revealing crucial facts,(( Section 10(2)(a), Citizenship Act, 1955)) etc.
  • If, during any war India is engaged in, you have unlawfully traded or communicated with an enemy, or knowingly associated with any business assisting the enemy,(( Section 10(2)(c), Citizenship Act, 1955))
  • If you were sentenced to jail in any country for at least 2 years, within 5 years of being registered/naturalized as an Indian citizen,(( Section 10(2)(d), Citizenship Act, 1955))
  • If you have been residing out of India for more than 7 years continuously, without being enrolled in any educational institute in that country,or in the service of Government of India, or an international organization of which India is a member. Your citizenship may also be deprived if, during this time,  you have not demonstrated your intention to be an Indian citizen through the prescribed requirements.(( Section 10(2)(e), Citizenship Act, 1955))

Read this government resource to know more

Your Right to Recognition of Your Gender Identity

Identification documents play a major role in facilitating your rights such as the right to healthcare, education, etc. and are also important for day-to-day activities such as applying for a SIM Card or a bank account, etc. It is your right to get identification documents recognizing the gender you want to be associated with. 

Genders are recognized in government-issued ID Proofs

Identity documents in India only recognize 3 categories which are “male”, “female” and “third gender” (transgender) . If you come across any forms or procedures which do not give you the option of choosing “third gender” (transgender) , then you can:

  • Ask the authorities what options you have
  • Take the help of lawyers, NGO’s to assist you in obtaining the identification proof
  • Carry a copy of proof of your gender identity. 

You should try and get at least one of the identity proof documents given below so that, the process of applying for the others becomes easier for you. Even though many of the identity documents are common across India, the procedures for obtaining them may be different so it is important to understand the requirements within your state. You can consult someone who has already obtained an ID Proof before, take the help of a lawyer, NGOs, etc.

 

List of Commonly Accepted Government Identity Documents

You can try and apply for some of the identity documents (ID Proofs) given in the list below: 

ID Proof Gender Options Comments
Driving License The central form does not contain options for gender. Some States may have the option. Your form may contain a restrictive line such asContains only “son/wife/daughter of”
Learner’s License The central form does not contain options for gender. Some States may have the option. Contains only “son/wife/daughter of”
PAN Card Options available are Male, Female, Transgender
Aadhar Card Options available are Male, Female, Transgender
Ration Card The central form does not contain options for gender. Some States may have the option. Included in Details of Applicant and Family Members
Passport Options available are Male, Female, Transgender
Voter ID Options available are Male, Female, Transgender

 

State-Centric Processes

The procedures for obtaining each of the identity documents may be different across states so it is important to understand the requirements within your State. You can consult someone who has already obtained an ID Proof before, take the help of a lawyer, NGOs, etc.