Code:
1[For the purposes of this Chapter—
2 [(a) “candidate” means a person who has been nominated as a candidate at any election;]
(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.
Explanation:
(a) “Candidate”:
- The definition broadly covers anyone nominated for any election in India, regardless of the outcome of the nomination or election.
- This includes candidates for Parliament, State Legislative Assemblies, President, Vice-President, local bodies, corporations, etc.
(b) “Electoral right”:
- This encompasses the fundamental rights related to the electoral process.
- It covers the right to contest elections, the right to cast a vote, and the right to be elected.
Illustration:
Suppose a person named Ram is nominated for the Lok Sabha elections. Even if his nomination is rejected, he is still considered a “candidate” under IPC 171A. Similarly, a person who casts a vote in the election exercises their “electoral right”.
Common Questions and Answers:
Q: What is the significance of defining “candidate” and “electoral right”?
A: This definition is crucial because several offenses related to elections, such as bribery, undue influence, and impersonation, are defined in the Indian Penal Code. By defining “candidate” and “electoral right,” Section 171A provides a clear framework for understanding and prosecuting such offenses.
Q: Does the definition of “candidate” include someone who is simply aspiring to contest elections but has not yet filed nominations?
A: No, the definition only applies to individuals who have been formally nominated.
Q: Are the “electoral rights” mentioned in Section 171A absolute?
A: No, these rights are subject to reasonable restrictions under the law, such as those imposed by the Election Commission of India.
