In India, elections are governed by various rules, orders, and regulations issued by the Election Commission of India (ECI) under the authority of the Representation of the People Act, 1951. These rules and orders provide the procedural framework for conducting elections, including the nomination process, campaigning guidelines, polling procedures, and result declaration.
1. Conduct of Elections Rules, 1961:
a. Nomination Process:
- The Conduct of Elections Rules, 1961, lays down the procedures for filing nomination papers by candidates contesting elections.
- It specifies the forms to be used for nomination, the deposit to be made by candidates, and the requirements for subscribing to nomination papers.
Example:
- In the state assembly elections, Candidate A submits their nomination papers to the Returning Officer along with the required deposit and the signatures of a certain number of voters from the constituency.
b. Campaigning Guidelines:
- The rules prescribe guidelines for election campaigning, including the use of loudspeakers, posters, banners, and other forms of publicity.
- They regulate the conduct of political rallies, meetings, and processions to maintain law and order and ensure a level playing field for all candidates.
Example:
- Political parties organizing rallies during elections must obtain necessary permits from local authorities and adhere to the prescribed time limits and noise pollution regulations.
c. Polling Procedures:
- The rules detail the procedures to be followed during the polling process, including the setup of polling stations, appointment of polling personnel, and verification of voter identity.
- They specify the use of electronic voting machines (EVMs) and voter-verified paper audit trails (VVPATs) to ensure transparency and integrity in the voting process.
Example:
- On polling day, voters arrive at designated polling stations, present their voter ID cards, and cast their votes using EVMs or VVPATs under the supervision of polling officials.
2. Model Code of Conduct (MCC):
a. Guidelines for Political Parties:
- The Model Code of Conduct is a set of guidelines issued by the ECI to regulate the conduct of political parties and candidates during elections.
- It prohibits activities such as bribery, intimidation, use of government resources for campaigning, and making communal or caste-based appeals.
Example:
- A political party is prohibited from distributing cash or gifts to voters during an election campaign, as it violates the provisions of the Model Code of Conduct.
3. Election Symbols (Reservation and Allotment) Order, 1968:
a. Allotment of Symbols:
- The order provides for the reservation and allotment of symbols to political parties and independent candidates contesting elections.
- It specifies the criteria for the allocation of symbols and the process for applying for a particular symbol.
Example:
- A political party applies to the Election Commission for the allotment of a specific election symbol, such as a hand, a lotus, or an elephant, to be used by its candidates in the upcoming elections.
4. Conduct of Election (Amendment) Rules, 2021:
a. COVID-19 Protocols:
- In response to the COVID-19 pandemic, amendments to the Conduct of Election Rules were introduced to ensure the safety of voters and polling personnel during elections.
- The rules prescribe measures such as sanitization of polling stations, social distancing norms, and the use of personal protective equipment (PPE) for election officials.
Example:
- In compliance with the amended rules, polling stations are equipped with hand sanitizers, masks, and gloves, and voters are required to maintain a safe distance from each other while queuing to cast their votes.
Conclusion:
Rules and orders related to elections in India provide the procedural framework for the conduct of free, fair, and transparent elections. From nomination processes to campaigning guidelines, polling procedures, and COVID-19 protocols, these rules and orders ensure that elections are conducted in accordance with democratic principles and legal requirements. Compliance with these regulations is essential for maintaining the integrity and credibility of the electoral process, thereby upholding the democratic values enshrined in the Constitution of India.
