Do You Know ?

Article 49-O
Every Indian for the past few years has received emails or has been apprised of article 49-0 in the Conduct of Election rules under Representation of People's Act.
The actual article in our constitution is as follows:
“49-O. Elector deciding not to vote.-If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark.”
Basically, simplifying the law jargon, it states when an elector exercises his/her right to Article 49-0, he or she basically has to be against the principle of the “secret” ballot. The elector has to reveal his/her name on Form 17-A and let the election officer know that he/she is refraining from voting for any of the fielded candidates.

Myths about 49-O

The common myth about this provision was basically that if there are a significant number of electors invoking article 49-0 in a particular constituency then that constituency was entitled for an automatic re-poll. However, this interpretation of the article is completely incorrect. The main reason for Article 49-0 being included into our constitution was to avoid election fraud. The authors of the election rule book brought about this measure to avoid wrong doers casting a vote using your name. However, the whole idea of “what happens if” there are a majority of people revoking their votes due to ineptness of the standing candidates was overlooked.
Hence, as the article stands currently if all the electors decided to invoke the article but one, the candidate getting the lone elector vote would win the election. Though, this seems to be incredulous, this is the true representation of the Article 49-0.

So now what?

There have been several PIL(s) requesting the constitution be amended to allow the elector to reject all fielded candidates and if these specific electors are in majority give them a re-election for that particular constituency. The Election commission itself has requested the central government to amend the article and add “none of the above” in the ballot paper thus protecting the elector’s identity and also sending a message to the political fraternity that enough is enough. The central government as expected has refused to amend article.
What the elector needs to do?
The only way, the elector can make these politicians (that the electors deem unfit for office) understand that they represent the people and not their own vested interests is by going out on voting day and exercising Article 49-0 in mass numbers. By not voting at all, you are giving these politicians a sense of security, that they are actually elected by us. It is time we send a message in bulk that we need a change in leadership and a change in direction for our esteemed nation.


SO GO OUT AND VOTE, INVOKE ARTICLE 49-0 IF YOU HAVE TO, BUT VOTE.

Stop Criticizing, Start Voting

“Freedom”- one of life’s most cherished thing. We have always been demanding for ‘The freedom to live & lead our life the way we want, the freedom to express ourselves to our fullest potential’. Only a few people across the world have this privilege of being called as – LIVING IN FREEDOM. And I guess the citizens of India can look upon themselves as being blessed to have this privilege. Otherwise, there are many in this world living in greed of being freed. This privilege to us did not came so easily, no, not at all. Rather, it has been the result of selfless sacrifices endured by our nation’s forefathers.  “ALAS!” This sad reaction is quite natural & obvious when I notice people (of India especially) taking this freedom of their just for granted. Isn’t it a painful pinch? This in fact, is actually true of the middle class & even the youths who for whatsoever reason seem to exhibit a lot of apathy when it comes to the Electoral process. Aren’t they aware that they are the part & parcel of this world’s largest democracy. It is of course a truth that India, in this era has taken great strides in the field of science & technology & is globally viewed as one of the leading emerging economies of the world. Besides, it is now officially ‘Nuclear Power’ & has even launched a rocket of its caliber to the moon. Yet, while the general standard of living has gone up the same cannot be said of the quality of life. Though people today may have the purchasing power to buy the latest electronic gadgets & the trendy-branded clothes, their lives have not changed much. The infrastructure is bad & getting worse, it takes the average person hours to reach anywhere (as people say). Even with the inflation rates lowering down every week, Hikes in prices of basic essential commodities has made them unaffordable for lot many people. Not to mention that people no longer feel safe as was proven by 26/11 terrorist attacks. The solution to this that the youth & the middle class seem to resort to is – Criticizing the government for its inefficiency. What right do we have to criticize the government or the leaders for their inaction when we – who represent the most educated segments of the population, are doing nothing about it? We are as much to blame for this anarchy by our irresponsible behavior. Are the middle class and the youth truly happy with the way things are? Don’t you think that change is needed to help make India one of the leading nations of the world? India is the largest democracy in the world by virtue of which the people have the ability to change all that is bad and steer the country in the right direction to make it one of the greatest nations in the world. However, this will not happen if all we do is complain about it without taking action. If you want things to change then you should effect that change. As Mahatma Gandhi said “You must be the change you wish to see in the world.” Be that change; get involved in the democratic process. Get out and vote because this is not only your privilege but also your absolute responsibility and duty. You owe that to the forefathers who selflessly sacrificed their lives for the freedom we are enjoying today. Ralph Waldo Emerson said, “The way to mend the bad world is to create the right world.” Help create that right world by casting your vote. Make the election a great middle class and youth movement like the Americans did in electing Obama. Remember every vote counts – make your vote count as well!