The biggest festival of democracy i.e. India’s general elections are around the corner and with the declarations of the schedule of the elections, the enthusiasm of the populace and the political parties is contagious, however, there are several things that one must know as a part of general knowledge for elections. Through this short write-up, I just wish to basics some basics about our elections.

The general elections are conducted by the Election Commission of India which is a constitutional body headed by a chief commissioner and is assisted by 2 commissioners who overlook the entire procedure of elections in India and their duty covers supervisions of preparation of electoral rolls, conductions of free and fair elections and declaration of results.

The Election Commissions derives its authority from Article 324 of the Constitution of India making it the supreme authority in respect of elections in the country. It is upon the reasonable will of the commission to declare the Cschedule of elections and it is not legally bound to consider any other viable factors or representations however, as a general practice, it takes into consideration the objections and opinions of political parties.

The Hon’ble Allahabad High in Lalji Shukla v. Election Commission (AIR 2002 All 73) has held that the right to election is a Constitutional right being provided by the Constitution of India in Chapter XV and Article 324 provides for establishment of Election Commission of India who has the duty to conduct elections at all the levels without being biased to anyone. The right is given on the basis of ‘Adult Suffrage’.

As per the Indian Constitution, all Indian citizens above the age of 18 years who have registered themselves as voters are eligible to vote. These individuals can vote in national, state, district as well as local government body elections.

The Indian Constitution has laid down the following rules regarding disqualification of voters from the election process:

• Individuals who are convicted of offences committed under Section 171E (which deals with bribery) and Section 171F (which deals with personation or undue influence at an election) of the Indian Penal Code are disqualified from participating in elections.
• Those convicted of offences under Section 125 (which deals with various electoral offences), Section 135 and Section 136 of the Representation of People’s Act face disqualification from elections.
• If an individual votes in more than one constituency, his vote is disqualified.

Chapter XV of the Constitution provides an entire ground work for enacting appropriate laws and setting up suitable machinery for the conduct of election and using this power,  The Representation of the Peoples Act, 1952’, Delimitation Commissions Act, 1972 have been enacted.

As soon as elections are declared, the model code of conduct is announced and put into immediate effect. Model Code of Conduct is a set of guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, portfolios, election manifestos, processions and general conduct. These set of norms has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code in its letter and spirit. Much of it is designed to avert communal clashes and corrupt practices.

A form of the MCC was first introduced in the state assembly elections in Kerala in 1960.  It was a set of instructions to political parties regarding election meetings, speeches, slogans, etc.

There are 8 general principles in MCC which are to be observed at all times:

1. General Conduct:  It provides that criticism of political parties must be limited to their policies and programmes, past record and work.  Activities such as, are barred:
   1. using caste and communal feelings to secure votes,
   2. criticising candidates on the basis of unverified reports, 
   3. bribing or intimidation of voters, and
   4. organising demonstrations or picketing outside houses of persons to protest against their opinions, are prohibited.
2. Meetings: Parties must inform the local police authorities of the venue and time of any meeting in time to enable the police to make adequate security arrangements
3. Processions:  If two or more candidates plan processions along the same route, organisers must establish contact in advance to ensure that the processions do not clash.  Carrying and burning effigies representing members of other political parties is not allowed.
4. Polling day:  All authorised party workers at polling booths should be given identity badges.  These should not contain the party name, symbol or name of the candidate.

• Polling booths:  Only voters, and those with a valid pass from the Election Commission, will be allowed to enter polling booths.

• Observers: The Election Commission will appoint observers to whom any candidates may report problems regarding the conduct of the election.

• Party in power: The MCC incorporated certain restrictions in 1979, regulating the conduct of the party in power. Ministers must not combine official visits with election work or use official machinery for the same. The party must avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections. Ministers and other authorities must not announce any financial grants, or promise any construction of roads, provision of drinking water, etc. Other parties must be allowed to use public spaces and rest houses and these must not be monopolised by the party in power.
• Election manifestos: Added in 2013, these guidelines prohibit parties from making promises that exert an undue influence on voters, and suggest that manifestos also indicate the means to achieve promises.

The above piece of information is for general information of the readers and contains hyperlinks that redirect the readers to the source of information.

For a further and deep understanding of the Subject, one can refer to a book, Handbook on Election Law by Rathna Swamy.

As an advocate Allahabad High Court and Supreme Court of India, I get opportunities to deal with a considerable number of election petitions / matters ranging from an election of society to local body elections.