PREPARATION AND REVISION OF ELECTORAL ROLLS
The preparation and revision of electoral rolls play a pivotal role in ensuring free and fair
elections in India. Electoral rolls serve as the foundation of the democratic process,
determining the eligibility of citizens to vote and shaping the composition of constituencies.
In this comprehensive analysis, we delve into the intricate processes involved in the
preparation and revision of electoral rolls in India, highlighting their significance, challenges,
and the measures undertaken for their improvement.
1. Introduction to Electoral Rolls:
Electoral rolls, also known as voter lists or electoral registers, contain the names of eligible
voters in each constituency. These rolls serve as a crucial tool for conducting elections,
facilitating the identification and verification of voters during polling. Electoral rolls are
prepared and revised periodically to ensure their accuracy and inclusivity, reflecting changes
in demographics, residency, and eligibility criteria.
2. Legal Framework:
The preparation and revision of electoral rolls in India are governed by the Representation of
the People Act, 1950, and the Representation of the People Rules, 1960. These legal
provisions outline the procedures, timelines, and responsibilities of various stakeholders
involved in the electoral roll management process, including the Election Commission of
India (ECI), State Election Commissions (SECs), and Electoral Registration Officers (EROs).
3. Key Stakeholders:
a. Election Commission of India (ECI): The ECI is the apex body responsible for
overseeing the entire electoral process in India, including the preparation and revision of
electoral rolls. It formulates guidelines, provides technical support, and monitors the activities
of State Election Commissions and Electoral Registration Officers.
b. State Election Commissions (SECs): Each state in India has its own State Election
Commission responsible for conducting elections to local bodies such as municipal
corporations, municipalities, and panchayats. SECs assist in the preparation and revision of
electoral rolls at the local level.
c. Electoral Registration Officers (EROs): EROs are government officials designated to
oversee the preparation and revision of electoral rolls in their respective constituencies. They
are responsible for compiling voter lists, verifying eligibility criteria, and addressing queries
and grievances related to voter registration.
4. Process of Preparation and Revision:
The preparation and revision of electoral rolls involve several sequential steps:
a. Data Collection: EROs collect demographic information, including names, addresses, age,
and other relevant details, from various sources such as census records, utility bills, and door-
to-door surveys.
b. Inclusion of Eligible Voters: Eligible citizens who are not already included in the
electoral rolls can apply for inclusion during specific enrollment drives conducted by EROs.
Applicants are required to submit relevant documents to prove their identity, age, and
residency.
c. Verification and Scrutiny: EROs verify the details provided by applicants and conduct
field verification, if necessary, to ensure the accuracy of information. Duplicate entries,
ineligible voters, and discrepancies are identified and rectified during this stage.
d. Publication of Draft Rolls: After the completion of data collection and verification, EROs
publish draft electoral rolls for public scrutiny. Citizens are given an opportunity to review
the rolls, raise objections, and request corrections to their entries.
e. Disposal of Claims and Objections: EROs examine the claims and objections raised by
citizens regarding the inclusion, exclusion, or correction of entries in the electoral rolls.
Disputed cases are adjudicated through a transparent and impartial process.
f. Final Publication: Based on the scrutiny of claims and objections, final electoral rolls are
prepared and published. These rolls serve as the official voter lists for upcoming elections and
are used for polling purposes.
The preparation and revision of electoral rolls in India are complex processes governed by
legal frameworks, executed by dedicated officials, and subject to scrutiny by citizens and
electoral authorities. Despite the challenges posed by inaccuracies, duplication, and
exclusions, continuous efforts are underway to improve the accuracy, inclusivity, and
transparency of electoral rolls through technological innovation, awareness campaigns, and
collaborative initiatives. By ensuring the integrity of electoral rolls, India reaffirms its
commitment to democratic principles and facilitates the participation of citizens in the
electoral process.
QUALIFICATION OF VOTERS IN INDIA
Voting is the cornerstone of democracy, ensuring citizens have a voice in the governance of
their country. In India, the qualification of voters is defined by the Constitution of India and
various electoral laws. These qualifications aim to ensure that those who participate in the
electoral process are adequately informed and invested in the welfare of the nation.
Understanding the qualification of voters is essential for comprehending the democratic
process in India.
Constitutional Provisions:
The Indian Constitution, under Article 326, grants the right to vote to every citizen above the
age of 18. This provision ensures universal adult suffrage, making voting a fundamental right
of every adult citizen. However, certain exceptions exist, such as individuals declared
mentally unsound by a competent court or those disqualified due to corrupt practices or
illegal acts during elections.
Qualifications for Registration:
To be eligible to vote, citizens must be registered in the electoral rolls. The Representation of
the People Act, 1950, governs the preparation and revision of these rolls. To register, an
individual must fulfill the following qualifications:
1. Citizenship: Only Indian citizens are entitled to vote in Indian elections. Non-
citizens, including foreign nationals and OCI (Overseas Citizen of India) cardholders,
are not eligible.
2. Age: The minimum age for voter registration is 18 years. Upon reaching this age,
citizens can apply for inclusion in the electoral rolls.
3. Residence: Voters must be residents of the constituency where they wish to vote. The
address provided during registration serves as proof of residence.
4. Mental Soundness: Individuals should be mentally sound, as determined by a
competent court, to be eligible to vote.
5. Non-disqualification: Citizens must not be disqualified from voting due to reasons
such as non-residence, unsoundness of mind, or criminal conviction.
Disqualifications:
Certain conditions lead to disqualification from voting:
1. Non-residence: Individuals who are not residents of the constituency where they
wish to vote are disqualified.
2. Unsoundness of Mind: Those declared mentally unsound by a competent court are
disqualified from voting.
3. Criminal Conviction: Individuals convicted of certain offenses by a court are
disqualified from voting for a specified period.
4. Corrupt Practices: Engaging in corrupt electoral practices can lead to
disqualification from voting.
Identification and Verification:
During elections, voters are required to present identification to verify their eligibility to vote.
Accepted forms of identification include Aadhaar card, passport, driver's license, PAN card,
or voter ID card issued by the Election Commission of India.
Role of Election Commission:
The Election Commission of India (ECI) plays a vital role in ensuring the integrity of the
electoral process. It oversees the registration of voters, preparation of electoral rolls, and the
conduct of elections. The ECI also conducts awareness campaigns to educate citizens about
their voting rights and the importance of participating in the democratic process.
Challenges and Reforms:
While the qualification of voters in India is well-defined, certain challenges persist. These
include issues such as voter apathy, identity verification, and the inclusion of marginalized
communities. Efforts are underway to address these challenges through electoral reforms,
such as the introduction of electronic voting machines (EVMs), voter education programs,
and initiatives to increase voter turnout.
In conclusion, the qualification of voters in India is rooted in the principles of democracy and
enshrined in the Constitution. It ensures that citizens have the right to participate in the
electoral process and shape the future of the nation. By upholding the integrity of the
electoral system and promoting voter participation, India continues to strengthen its
democracy and ensure that the voices of its citizens are heard.
CONDITIONS OF REGISTRATION
The right to vote is a fundamental aspect of democracy, empowering citizens to participate in
the governance of their country. In India, the conditions for registration as a voter are outlined
by the Election Commission of India (ECI) and governed by electoral laws. These conditions
ensure that individuals who exercise their voting rights are eligible and qualified to do so.
Understanding the conditions of registration as a voter in India is essential for upholding the
integrity and inclusivity of the electoral process.
1. Citizenship: The foremost condition for registration as a voter in India is citizenship. Only
Indian citizens are entitled to vote in Indian elections. Non-citizens, including foreign
nationals and Overseas Citizen of India (OCI) cardholders, are not eligible to be registered as
voters.
2. Age: The minimum age for voter registration in India is 18 years. Upon reaching this age,
citizens become eligible to apply for inclusion in the electoral rolls of their respective
constituencies. The age requirement ensures that individuals have attained a level of maturity
necessary to make informed decisions in the electoral process.
3. Residence: Voters must be residents of the constituency where they wish to vote. Proof of
residence, such as a utility bill, rent agreement, or Aadhaar card, is required during the
registration process. This condition ensures that voters have a stake in the local affairs of their
constituency and are familiar with the issues affecting their community.
4. Mental Soundness: Individuals who are declared mentally unsound by a competent court
are disqualified from voting in India. This condition safeguards the integrity of the electoral
process by ensuring that voters possess the mental capacity to make rational decisions.
5. Non-Disqualification: Certain conditions lead to disqualification from voting in India.
These include:
a. Non-Residence: Individuals who are not residents of the constituency where they wish to
vote are disqualified.
b. Unsoundness of Mind: Those declared mentally unsound by a competent court are
disqualified from voting.
c. Criminal Conviction: Individuals convicted of certain offenses by a court are disqualified
from voting for a specified period.
d. Corrupt Practices: Engaging in corrupt electoral practices, such as bribery or coercion,
can lead to disqualification from voting.
6. Registration Process: The process of voter registration in India involves the following
steps:
a. Submission of Application: Eligible citizens submit an application for voter registration to
the Electoral Registration Officer (ERO) of their constituency. The application includes
details such as name, address, age, and other relevant information.
b. Verification: The ERO verifies the details provided by the applicant and may conduct field
verification if necessary to ensure the accuracy of information.
c. Publication of Draft Rolls: After the completion of data collection and verification, the
ERO publishes draft electoral rolls for public scrutiny. Citizens have the opportunity to
review the
rolls, raise objections, and request corrections to their entries.
d. Disposal of Claims and Objections: The ERO examines the claims and objections raised
by citizens regarding the inclusion, exclusion, or correction of entries in the electoral rolls.
Disputed cases are adjudicated through a transparent and impartial process.
e. Final Publication: Based on the scrutiny of claims and objections, final electoral rolls are
prepared and published. These rolls serve as the official voter lists for upcoming elections and
are used for polling purposes.
The conditions of registration as a voter in India are guided by principles of citizenship, age
eligibility, residence, mental soundness, and non-disqualification. These conditions ensure
that voters are qualified and eligible to participate in the electoral process, thereby upholding
the democratic principles of representation and participation. By addressing challenges such
as inclusivity, awareness, technological accessibility, and data accuracy, India can further
enhance the integrity and inclusivity of its electoral system, strengthening democracy and
ensuring the voices of its citizens are heard.
CONSTITUTIONAL QUALIFICATIONS AND DISQUALIFICATIONS
OF CONTESTING CANDIDATES IN ELECTIONS
In India, the qualifications and disqualifications of contesting candidates in elections are
primarily derived from the Constitution of India. These constitutional provisions lay down
the fundamental requirements and restrictions that candidates must adhere to in order to
participate in the electoral process. Understanding these constitutional qualifications and
disqualifications is crucial for upholding the integrity and fairness of elections in the country.
1. Constitutional Qualifications of Contesting Candidates:
a. Article 84 (Qualifications for Membership of Parliament): This article outlines the
qualifications for membership of Parliament (Lok Sabha and Rajya Sabha). According to
Article 84, a person shall not be qualified to be chosen as a member of Parliament unless
he/she:
Is a citizen of India
Is not less than 30 years of age in the case of Rajya Sabha and not less than 25 years
of age in the case of Lok Sabha
Possesses such other qualifications as may be prescribed by or under any law made by
Parliament
b. Article 173 (Qualifications for Membership of the State Legislature): Similar to Article
84, Article 173 provides qualifications for membership of the State Legislature (Legislative
Assembly and Legislative Council). According to Article 173, a person shall not be qualified
to be chosen as a member of the State Legislature unless he/she:
Is a citizen of India
Is not less than 30 years of age in the case of Legislative Council and not less than 25
years of age in the case of Legislative Assembly
Possesses such other qualifications as may be prescribed by or under any law made by
the State Legislature
c. Article 173A (Special Provisions as to Elections to Legislatures): This article empowers
Parliament and State Legislatures to make laws providing for additional disqualifications for
membership of these bodies. It allows for the imposition of qualifications or disqualifications
beyond those specified in Article 84 and Article 173.
2. Constitutional Disqualifications of Contesting Candidates:
a. Article 102 (Disqualifications for Membership of Parliament): Article 102 enumerates
the grounds for disqualification of members of Parliament. According to this article, a person
shall be disqualified for being chosen as, and for being, a member of either House of
Parliament if he/she:
Holds any office of profit under the Government of India or the Government of any
State, other than an office declared by Parliament by law not to disqualify its holder
Is of unsound mind and stands so declared by a competent court
Is an undischarged insolvent
Is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
or is under any acknowledgment of allegiance or adherence to a foreign State
Is disqualified for being chosen as, and for being, a member of either House of
Parliament under any law made by Parliament
b. Article 191 (Disqualifications for Membership of the State Legislature): Article 191
lays down similar grounds for disqualification of members of the State Legislature.
According to this article, a person shall be disqualified for being chosen as, and for being, a
member of the State Legislature if he/she:
Holds any office of profit under the Government of India or the Government of any
State, other than an office declared by the Legislature of the State by law not to
disqualify its holder
Is of unsound mind and stands so declared by a competent court
Is an undischarged insolvent
Is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
or is under any acknowledgment of allegiance or adherence to a foreign State
Is disqualified for being chosen as, and for being, a member of the State Legislature
under any law made by the Legislature of the State
c. Article 192 (Decision on Questions as to Disqualifications of Members): This article
provides for the procedure to be followed in case of disputes regarding the disqualification of
members of the State Legislature. According to Article 192, if any question arises as to
whether a member of a House of the State Legislature has become subject to any of the
disqualifications mentioned in Article 191, the question shall be referred for the decision of
the Governor and his decision shall be final.
3. Interpretation and Application of Constitutional Provisions:
a. Judicial Interpretation: The interpretation and application of constitutional provisions
regarding qualifications and disqualifications of contesting candidates are primarily the
domain of the judiciary. Courts have the authority to adjudicate disputes related to the
eligibility of candidates and the applicability of disqualifications.
b. Role of the Election Commission: While the Election Commission of India (ECI) is
responsible for the conduct of elections, its authority in determining the qualifications and
disqualifications of contesting candidates is derived from constitutional provisions and laws
enacted by Parliament and State Legislatures.
The constitutional qualifications and disqualifications of contesting candidates in elections in
India form the bedrock of the electoral process, ensuring that candidates meet certain
eligibility criteria and are free from disqualifications. While the Constitution lays down clear
provisions regarding qualifications and disqualifications, challenges such as the
criminalization of politics and delayed disqualification proceedings persist. Addressing these
challenges requires concerted efforts from policymakers, electoral authorities, the judiciary,
and civil society to enact meaningful electoral reforms, promote transparency and
accountability, and safeguard the democratic principles of representation and governance. By
upholding the constitutional principles of integrity, fairness, and inclusivity, India can further
strengthen its electoral democracy and ensure that the voices of its citizens are effectively
represented and heard.
STATUTORY QUALIFICATIONS AND DISQUALIFICATIONS OF
CONTESTING CANDIDATES IN ELECTIONS IN INDIA
In addition to constitutional provisions, India's electoral system also incorporates statutory
qualifications and disqualifications for contesting candidates. These statutory regulations
complement the constitutional framework and provide specific criteria that candidates must
meet to participate in the electoral process. Understanding these statutory qualifications and
disqualifications is essential for maintaining the integrity and fairness of elections in the
country.
1. Statutory Qualifications of Contesting Candidates:
a. Representation of the People Act, 1951 (RPA): The Representation of the People Act,
1951, is a key legislation that governs various aspects of elections in India, including the
qualifications of contesting candidates. Section 4 of the RPA outlines the qualifications for
membership of Parliament and State Legislatures. According to this section, a person shall
not be qualified to be chosen to fill a seat in Parliament or a State Legislature unless he/she:
Is a citizen of India
Is not less than 25 years of age in the case of Lok Sabha and not less than 30 years of
age in the case of Rajya Sabha
Possesses such other qualifications as may be prescribed by or under any law made by
Parliament
b. Election Laws (Amendment) Act, 2003: The Election Laws (Amendment) Act, 2003,
introduced amendments to the Representation of the People Act, 1951, to enhance
transparency and accountability in the electoral process. Section 6A of the amended Act
prescribes additional qualifications for candidates contesting elections. According to this
section, a person shall not be qualified to be chosen to fill a seat in Parliament or a State
Legislature unless he/she:
Has not been convicted of any offense and sentenced to imprisonment for two or more
years, at any time, under the Indian Penal Code, 1860, or any other law
2. Statutory Disqualifications of Contesting Candidates:
a. Representation of the People Act, 1951 (RPA): The Representation of the People Act,
1951, specifies various grounds for disqualification of contesting candidates. Section 8 of the
RPA enumerates the disqualifications for membership of Parliament and State Legislatures.
According to this section, a person shall be disqualified for being chosen as, and for being, a
member of either House of Parliament or the State Legislature if he/she:
Holds any office of profit under the Government of India or the Government of any
State, other than an office declared by Parliament by law not to disqualify its holder
Is of unsound mind and stands so declared by a competent court
Is an undischarged insolvent
Is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
or is under any acknowledgment of allegiance or adherence to a foreign State
Is disqualified for being chosen as, and for being, a member of either House of
Parliament or the State Legislature under any law made by Parliament
b. Representation of the People (Amendment) Act, 2002: The Representation of the People
(Amendment) Act, 2002, introduced amendments to the Representation of the People Act,
1951, to strengthen the electoral process. Section 8A of the amended Act provides for the
disqualification of candidates for failure to submit an account of election expenses.
According to this section, a person shall be disqualified for being chosen as, and for being, a
member of either House of Parliament or the State Legislature if he/she:
Fails to lodge an account of election expenses within the time and in the manner
required by or under this Act.
3. Interpretation and Application of Statutory Provisions:
a. Judicial Interpretation: The interpretation and application of statutory provisions
regarding qualifications and disqualifications of contesting candidates primarily lie within the
purview of the judiciary. Courts have the authority to adjudicate disputes related to the
eligibility of candidates and the applicability of disqualifications.
b. Role of the Election Commission: The Election Commission of India (ECI) plays a
crucial role in enforcing statutory provisions related to candidate qualifications and
disqualifications. The ECI is responsible for scrutinizing nomination papers, verifying
candidate credentials, and ensuring compliance with electoral laws.
The statutory qualifications and disqualifications of contesting candidates in elections in
India play a crucial role in ensuring the integrity, fairness, and credibility of the electoral
process. While constitutional provisions provide a broad framework, statutory regulations
offer specific criteria that candidates must meet to participate in elections. Addressing
challenges such as the criminalization of politics and delayed disqualification proceedings
requires concerted efforts from policymakers, electoral authorities, the judiciary, and civil
society to enact meaningful electoral reforms, promote transparency and accountability, and
safeguard the democratic principles of representation and governance. By upholding statutory
provisions and strengthening enforcement mechanisms, India can further strengthen its
electoral democracy and ensure that the voices of its citizens are effectively represented and
heard.
NOMINATIONS AND CANDIDATURE IN ELECTION LAW OF INDIA
Nominations and candidature form the foundational elements of the electoral process in
India. Governed by a comprehensive legal framework, the nomination process ensures that
individuals interested in contesting elections comply with the requisite formalities and fulfill
the eligibility criteria set forth by law. In this article, we delve into the nomination and
candidature process in the election law of India, highlighting the key provisions and
procedures outlined in relevant statutes.
1. Legal Framework:
a. Representation of the People Act, 1951 (RPA): The Representation of the People Act,
1951, is the primary legislation that governs various aspects of elections in India, including
the nomination and candidature process. Sections 4 to 33 of the RPA outline the procedures
and requirements for the conduct of elections, including the filing of nominations by
candidates.
b. Conduct of Elections Rules, 1961: The Conduct of Elections Rules, 1961, framed under
the RPA, provide detailed guidelines and procedures for the conduct of elections, including
the nomination process. These rules prescribe the format of nomination papers, the deposit to
be made by candidates, and the scrutiny of nominations by electoral authorities.
2. Nominations Process:
a. Filing of Nomination Papers: The nomination process begins with prospective candidates
filing their nomination papers with the Returning Officer (RO) of the constituency where
they wish to contest elections. Nomination papers must be filed within the specified
timeframe prescribed by the Election Commission of India (ECI), typically several days
before the date of polling.
b. Nomination Forms: Candidates are required to submit nomination forms provided by the
ECI or the RO. These forms require candidates to furnish details such as their name, address,
electoral symbol chosen (if any), party affiliation (if any), and other relevant information.
c. Deposit Requirement: Along with their nomination papers, candidates are required to
deposit a certain amount of money as security. The deposit amount varies depending on the
type of election and the provisions laid down by the ECI or the State Election Commission.
d. Scrutiny of Nominations: After the close of the nomination period, the RO scrutinizes the
nomination papers to ensure that candidates fulfill the eligibility criteria and have complied
with all procedural requirements. Any objections raised against the nominations are also
considered during this stage.
e. Withdrawal of Nominations: Candidates have the option to withdraw their nominations
within a specified period after the scrutiny process. Withdrawal of nominations is typically
allowed up to a certain deadline set by the electoral authorities.
3. Eligibility Criteria for Candidature:
a. Citizenship: To be eligible for candidature, individuals must be citizens of India. Non-
citizens are disqualified from contesting elections in India.
b. Age: The minimum age requirement for candidature varies depending on the type of
election:
For Lok Sabha (House of the People) elections, candidates must be at least 25 years
old.
For Rajya Sabha (Council of States) elections, candidates must be at least 30 years
old.
For State Legislative Assembly elections, candidates must generally be at least 25
years old, though this may vary in some states.
c. Voter Registration: Candidates must be registered as voters in the constituency from
which they wish to contest elections. Voter registration serves as proof of residency and
eligibility to participate in the electoral process.
d. Disqualifications: Various grounds for disqualification from candidature are specified
under the RPA and other relevant laws. These include:
Holding an office of profit under the government
Conviction for certain offenses, including electoral malpractices, corruption, and
criminal offenses
Insolvency
Mental incapacity as determined by a competent court
Disqualification by the Election Commission or the State Election Commission under
specific circumstances
4. Provisions for Reserved Constituencies:
a. Scheduled Castes and Scheduled Tribes: In order to ensure adequate representation of
marginalized communities, certain constituencies are reserved for candidates belonging to
Scheduled Castes (SCs) and Scheduled Tribes (STs). Only candidates belonging to these
communities are eligible to contest elections from reserved constituencies.
b. Reserved Seats for Women: In addition to SCs and STs, some constituencies may also be
reserved for women candidates. These constituencies are designated as "reserved seats" to
promote gender equality and increase women's participation in the political process.
5. Challenges and Controversies:
a. Nomination Rejections: The rejection of nomination papers by Returning Officers can
sometimes lead to disputes and legal challenges. Issues such as incomplete or incorrect
information, failure to deposit the required security amount, and objections raised by
opposing candidates or parties may result in the rejection of nominations.
b. Candidature of Criminals: The candidature of individuals with criminal backgrounds
remains a contentious issue in Indian politics. Despite legal provisions disqualifying
candidates with certain criminal convictions, many such individuals continue to contest
elections, raising concerns about the criminalization of politics and the integrity of the
electoral process.
ELECTION MANIFESTOS IN INDIAN ELECTION LAW
An election manifesto is a formal declaration of the policies, promises, and vision of a
political party or candidate presented to the electorate during an election campaign. It serves
as a comprehensive document outlining the party's agenda, objectives, and proposed
initiatives if they are elected to power. In India, election manifestos play a crucial role in
informing voters about the ideological stance and policy priorities of political parties. Let's
delve deeper into the concept of election manifestos, including their definition, formulation
process, and the legal provisions governing their creation.
1. Definition:
An election manifesto is a document prepared by a political party or candidate contesting in
an election, outlining their vision, policies, and promises to the electorate. It serves as a
blueprint of the party's agenda and proposed initiatives if they are elected to power. Election
manifestos typically cover various aspects of governance, including economic policies, social
welfare measures, infrastructure development, national security, and foreign relations.
2. How Political Parties Make Election Manifestos and Things to Keep in Mind:
a. Policy Formulation Process:
Political parties typically form committees or panels consisting of party leaders,
policymakers, experts, and stakeholders to draft the election manifesto.
These committees conduct extensive consultations, brainstorming sessions, and
discussions to identify key issues, priorities, and policy proposals that resonate with
the party's ideology and electoral base.
Inputs are sought from various sources, including party members, grassroots workers,
community leaders, economists, academics, and representatives of marginalized
groups.
b. Key Considerations:
Realism: Political parties must ensure that the promises and proposals outlined in the
manifesto are realistic and feasible, taking into account the country's socio-economic
context, administrative capacity, and fiscal constraints.
Inclusivity: Manifestos should reflect the diversity of interests and concerns within
society, addressing the needs of different socio-economic groups, regions, and
communities. Policies should be inclusive and non-discriminatory, ensuring equitable
development for all.
Prioritization: Parties should prioritize their policy proposals based on their
significance, impact, and feasibility. Clear goals and timelines should be set for the
implementation of key initiatives, with a focus on addressing urgent and pressing
issues.
Consultation: It is essential for political parties to engage in meaningful consultations
with stakeholders, experts, and the general public during the formulation of the
manifesto. This helps in garnering diverse perspectives, building consensus, and
ensuring that the manifesto reflects the aspirations and concerns of the electorate.
Communication: Manifestos should be presented in a clear, concise, and accessible
manner, using language and formats that are easily understandable by the general
public. Parties should effectively communicate their policies and promises to voters
through various channels, including public rallies, media campaigns, and digital
platforms.
3. Provisions Governing the Making of Election Manifesto:
a. Model Code of Conduct (MCC):
The Election Commission of India (ECI) issues the Model Code of Conduct (MCC)
prior to the announcement of elections. While not legally binding, the MCC lays
down guidelines and standards of behavior for political parties and candidates during
the election period.
Section 8 of the MCC prohibits parties from making promises in their manifestos that
are likely to exert undue influence on voters or disturb the level playing field. Parties
are advised to avoid making unrealistic promises or offering freebies that could
undermine the integrity of the electoral process.
The MCC also emphasizes the importance of maintaining fairness, transparency, and
ethical conduct in the formulation and dissemination of election manifestos. Parties
are encouraged to uphold the principles of honesty, integrity, and accountability in
their election campaigns.
b. Representation of the People Act, 1951 (RPA):
While the Representation of the People Act, 1951, does not specifically address
election manifestos, it provides the legal framework within which elections are
conducted in India.
Section 123 of the RPA defines "corrupt practices" in elections, which include bribery,
undue influence, and appeal to caste or communal sentiments. Political parties must
ensure that their manifestos do not violate the provisions of Section 123 by making
promises that appeal to narrow sectarian interests or induce voters through improper
means.
c. Supreme Court Judgments:
The judiciary has also played a role in shaping the regulation of election manifestos in
India through various judgments and rulings.
In the case of S. Subramaniam Balaji v. Government of Tamil Nadu (2013), the
Supreme Court held that the promises made in election manifestos are not legally
enforceable but are moral commitments that political parties should strive to fulfill if
elected to power.
The Court emphasized the need for greater transparency and accountability in the
formulation of manifestos, urging parties to refrain from making extravagant promises
or populist measures that are not financially or administratively feasible.
Election manifestos serve as vital instruments for political parties to communicate their
vision, policies, and promises to the electorate during election campaigns. While not legally
binding, manifestos play a significant role in shaping public opinion and influencing voter
behavior. However, the formulation and dissemination of election manifestos must adhere to
principles of transparency, accountability, and fairness, as outlined in the legal framework and
guidelines issued by the Election Commission. By upholding these principles, political
parties can contribute to enhancing the integrity and credibility of the electoral process and
fostering informed and responsible citizenship.