Supreme Court: A State Election Commission Cannot Monopolise Voter Awareness Campaigns
The Supreme Court set aside (cancelled) an order of the Rajasthan State Election Commission (SEC) that had refused permission to a civil society group, led by social activist Aruna Roy, to run voter awareness campaigns.
The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said the SEC cannot stop other groups from doing voter awareness work just because it runs its own programmes. In the court's words, the SEC cannot "take over or monopolise" voter awareness. It can still act against any group that indulges in corrupt election practices.
The SEC had relied on prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (the power to ban gatherings to prevent trouble), in force across Jaipur during the polls. The court noted that these orders do not ban meetings held with prior permission, as long as applicants give the place, date and time.
The court directed the SEC to reconsider the request within 48 hours. The campaign, running since 2004, tells voters about their rights, including NOTA, and asks them not to sell their votes. It does not support or oppose any candidate.
The order came in a pending case, Aruna Roy & Anr. v. Union of India, which challenges blanket prohibitory orders during elections.
Rajasthan's Panchayati Raj elections are being held in four phases, covering 41 Zila Parishads, 457 Panchayat Samitis and 14,403 Gram Panchayats, with over 4.03 crore voters. Zila Parishad and Panchayat Samiti polling in the final phase is on 14 November, and Sarpanch and Panch polling on 16 November.
State Election Commissions: Constitutional Basis under Articles 243K and 243ZA
A State Election Commission (SEC) is the body that conducts elections to local governments in a state: the panchayats in villages and the municipalities in towns and cities. Each state has its own SEC, headed by a State Election Commissioner. It is a constitutional body: Article 243K creates it for panchayats and Article 243ZA gives it the same role for municipalities. It is completely separate from the Election Commission of India, which conducts elections to Parliament and the state assemblies.
The Rajasthan SEC is using its Article 243K powers to conduct the state's Panchayati Raj elections. The Supreme Court made clear that "superintendence, direction and control" of elections does not give the SEC the sole right to educate voters: it may regulate citizen groups to prevent corrupt practices, but it cannot shut them out simply because it runs its own campaigns.
Freedom of Speech and Expression: Article 19(1)(a)
Article 19(1)(a) of the Constitution gives every citizen of India the right to freedom of speech and expression: to speak, write, publish, campaign and spread ideas. The right is not absolute. Under Article 19(2), the State can place "reasonable restrictions" on it, but only for eight fixed grounds, such as public order, decency, or the sovereignty and integrity of India. Courts check every restriction to see that it is truly needed and not excessive.
Voter awareness campaigns by citizens are a form of free speech, and they also support voters' right to know. By setting aside the SEC's refusal, the Supreme Court signalled that such campaigns can be regulated for real public order concerns, but not refused merely because the poll body prefers to run awareness drives itself.
73rd Constitutional Amendment and Panchayati Raj Institutions
The 73rd Constitutional Amendment Act, 1992 made village-level local government a part of the Constitution. It added Part IX (Articles 243 to 243-O) and the Eleventh Schedule, with 29 subjects on which panchayats can be given work. It set up a three-tier system of panchayats, made regular elections compulsory, and reserved seats for SCs, STs and women.
The elections in which the civil society group wants to run voter awareness campaigns are the Panchayati Raj elections that Part IX makes compulsory every five years. Informed voting at all three tiers is what the 73rd Amendment intended when it handed real power to elected village bodies.
Systematic Voters' Education and Electoral Participation (SVEEP)
Systematic Voters' Education and Electoral Participation, or SVEEP, is the Election Commission of India's (ECI) flagship programme for voter education. Its aim is simple: every eligible citizen should register as a voter, and every registered voter should cast a vote at every election, in an informed and ethical way. SVEEP uses posters, films, school clubs, social media, celebrity "icons", rallies and door-to-door contact to tell people why, how and where to vote. It is not a law or a separate body. It is a planned programme that the ECI runs through election officers in every state and district.
SVEEP shows that even the Election Commission of India treats civil society as a partner in voter education, not a rival. The Supreme Court's view that a poll body cannot "monopolise" voter awareness fits this model: official programmes and non-partisan citizen campaigns can work side by side, with the poll body stepping in only to stop corrupt practices.
- Case: Aruna Roy & Anr. v. Union of India (pending case on blanket prohibitory orders during elections)
- Bench: CJI Surya Kant, Justice Joymalya Bagchi, Justice V Mohana
- Order: Rajasthan SEC's refusal set aside; SEC to reconsider within 48 hours
- Prohibitory orders relied on: Section 163 of the BNSS, across Jaipur during the polls
- Campaign: running since 2004; covers voters' rights including NOTA; non-partisan
- Rajasthan Panchayati Raj elections: four phases; 41 Zila Parishads, 457 Panchayat Samitis, 14,403 Gram Panchayats; 4.03 crore+ voters
- Final phase: Zila Parishad and Panchayat Samiti polls on 14 November; Sarpanch and Panch polls on 16 November
- SEC constitutional basis: Article 243K (panchayats) and Article 243ZA (municipalities)