Election Candidates

What is ' Election Candidates'

Election Candidates' most simply refers to the individuals whose eligibility (qualifications and disqualifications) has been scrutinized and accepted to compete for a seat in the legislative bodies. They are the persons nominated and put forward by political parties or running independently, whose names appear on the ballot.

The significance of 'Election Candidates' is fundamental to the entire electoral process as they are the direct objects of choice in a democratic system. Their role is vital because:

• Democratic Choice: They represent the range of choices available to the voter (elector).
• Legal Scrutiny: Their process of selection and nomination is rigorously governed by law, especially the Representation of the People Act, 1951, which details their qualifications and disqualifications for membership in the Houses of Parliament and State Legislatures.
• Accountability: They are subject to specific legal duties, such as adhering to the Model Code of Conduct and lodging an accurate Account of Election Expenses, with failure to comply resulting in disqualification.
• Integrity of the House: The standards of eligibility applied to candidates directly determine the integrity of the resultant elected body.

Official Definition of 'Election Candidates'

The Representation of the People Act, 1951 (RPA, 1951)the primary legislation governing the conduct of elections does not provide a standalone definition for the general term "Election Candidates". Instead, it legally defines a candidate by the process they have completed.

The authoritative legal status of an 'Election Candidate' is established by reference to nomination:

• Statutory Definition (via Indian Penal Code): The definition of 'candidate' is found in Chapter IXA: Of Offences Relating to Elections of the IPC, specifically under Section 171A"Candidate" means a person who has been nominated as a candidate at any election.This precise, narrow definition is crucial because it triggers the application of the entire chapter of electoral offenses. It means that the criminal provisions governing election conduct only apply once the individual's name is formally nominated.
• De Facto Definition (via RPA, 1951): An individual becomes a formal 'Candidate' for a seat in the Parliament or a State Legislature upon completing the Nomination Process, which involves submitting nomination papers and having them scrutinized for eligibility by the Returning Officer.

'Election Candidates' as defined in Legislation(s)

The legal status of a candidate is intricately woven into the provisions regarding their qualifications, financial conduct, and declaration of personal details, as defined under the Representation of the People Act, 1951 (RPA, 1951).

Legal Provisions related to Election Candidates

Nomination  and Scrutiny of Election Candidate - no dues certificate(if required)

• Nomination and Scrutiny: The scrutiny is a quasi-judicial function performed by the RO, where the validity of the nomination is finally determined. An individual’s status as a formal candidate is confirmed only after successful scrutiny as mentioned in the section 36 of the RPA,1951 . Section 33 of the RPA,1951  lays out the mandatory administrative and documentary prerequisites for a valid nomination, ensuring that the candidate formally enters the electoral process.
• Qualifications and Disqualifications: Part II of the RPA, 1951, sets the basic legal framework for Qualifications (Sections 3-6) and Disqualifications (Sections 8-10A) for membership in the Houses. These sections fundamentally define who can be a candidate.
• Contesting Candidates: Once a candidate's nomination is finalized, they become a contesting candidate. They are required to deposit a security amount (which is reduced for SC/ST candidates).
• Party Association: A candidate may be officially setup by a concerned recognized party (requiring a declaration in Form B), or run as an independent candidate.

'Election Candidate ' as defined in Official Document(s)

Official publications by the Election Commission of India (ECI) directly address the functioning and duties of candidates:

• Model Code of Conduct (MCC): Candidates are governed by the Model Code of Conduct guidelines, which come into effect upon the announcement of the election schedule.
• Criminal Antecedents Disclosure: Political parties and candidates with criminal antecedents are required to publish this information multiple times in newspapers and through Television channels. They must also publish the details and the reasons for selecting such candidates on their website within 48 hours of selection.
• "Know Your Candidate" App: The information regarding candidates' backgrounds is made publicly available through an app titled 'Know Your Candidates'.
• No Dues Certificate: The ECI has issued directions to facilitate intending candidates in obtaining a "No dues certificate" from government authorities if they were in occupation of government accommodation.

'Election Candidate ' as defined in Official Government Report(s)

Official reform reports focus on tightening the screws on who can be a candidate to improve electoral integrity:

Law Commission 170th Report on "Reform of the Electoral Laws" (1999)

• Relevance to Candidates: The report proposed measures to increase the transparency and accountability of candidates. It recommended making the declaration of assets and criminal cases pending mandatory for all candidates in the nomination paper.

Election Commission of India - Electoral Reforms Proposal (2004)

• Relevance to Candidates: The ECI proposed making the ineligibility criteria stricter by suggesting that a person accused of an offence punishable by imprisonment for five years or more should be disqualified from contesting even if the trial is pending, provided charges have been framed.

Second ARC Fourth Report: Ethics in Governance(2007)

• Relevance to Candidates: The report, focusing on Ethics in Governance, would conceptually link the integrity and moral standing of an individual to their candidacy status and thus their ultimate eligibility for public office.

'Election Candidate ' as defined in Case Law(s)

Judicial pronouncements reinforce the statutory requirements and expand the scope of candidate accountability:

Independent Candidate

Name of the case

• Disqualification on Conviction: The Lily Thomas Principle established that a sitting legislator loses their status as a member and thus their ability to continue to "hold an office"immediately upon conviction for certain offenses (provided the sentence meets the threshold), thereby ending their time as a successful candidate-turned-legislator.
• Right to Information: Supreme Court judgments mandate the disclosure of criminal, financial, and educational details by candidates in their affidavits. This stems from the voter's fundamental right to know the background of the candidate.
• Scope of Challenge: N.P. Ponnuswami v. The Returning Officer confirms that any challenge to a candidate's eligibility determination (e.g., improper acceptance/rejection of nomination) must wait until after the election and be raised via an Election Petition. The improper acceptance or rejection of a nomination is one of the grounds for declaring an election void.
• Corrupt Practices: Judicial dictum defines the scope and application of Corrupt Practices (Section 123 of RPA, 1951), clarifying what actions by a candidate can vitiate an election result.

Types of 'Election Candidates '

Classification Category	Sub-type	Definition and Nuances
I. Status in the Election Cycle	Nominated Candidate	An individual who has submitted their nomination paper (Section 33, RPA, 1951) and whose eligibility is pending Scrutiny.
	Contesting Candidate	A nominated candidate who has successfully passed scrutiny (Section 36, RPA, 1951) and has not withdrawn their candidature, whose name is on the final list for the poll.
	Returned Candidate	The individual who has been declared elected after the Counting of Votes and Publication of Results. An Election Petition is typically filed against a Returned Candidate.
II. Political Affiliation	Candidate of a Political Party	An individual set up by a registered political party who may be allotted a specific election symbol.
	Independent Candidate	An individual contesting without formal affiliation with a recognized political party. (Reform reports recommend potentially barring this type of candidate).
III. Constitutional/Statutory Classification	General Seat Candidate	An individual contesting any seat in the Lok Sabha or State Legislature based on meeting the core qualifications (e.g., citizenship, minimum age).
	Reserved Seat Candidate	An individual contesting a seat reserved for the Scheduled Castes (SC) or Scheduled Tribes (ST) who must, in addition to general qualifications, be a member of that specific community (Section 4 & 5, RPA, 1951).
IV. Contextual Usage and Data	Candidate with Criminal Antecedents	A candidate whose eligibility is legally complicated by the requirement to disclose their criminal background and pending cases in their affidavit. This status requires public disclosure by both the candidate and their party.
	Candidate with Financial Discrepancies	A candidate whose conduct is scrutinized for Corrupt Practices or failure to lodge the correct Account of Election Expenses (Section 10A), making them vulnerable to disqualification.

Appearance of ‘Election Candidate’ in Database (Database A – Official Government Source)

The concept of an “election candidate” appears in several official databases maintained by the Government of India, mainly by the Election Commission of India (ECI) and related departments that manage electoral processes and public data.

Main Data Creator and Source

The Election Commission of India (ECI) is the apex agency responsible for collecting and maintaining official information on election candidates.

• Database name: Candidate Affidavit and Election Data Portal
• Official Website: https://affidavit.eci.gov.in
• Type: Open Government Data (OGD) and ECI’s own database.

This database contains detailed information submitted by all contesting candidates during elections at both Parliamentary and State Assembly levels.

How the Data is Collected

• Source of Data: Candidates are required to file a nomination affidavit Form 26 under the Representation of the People Act, 1951 (RPA, 1951).
• Collection Method:
  • Candidates upload the affidavit through the ECI's Portal during nomination.
  • Data is verified and digitized by Returning Officers (ROs).
  • Information is made public in the official database once verified.

Data Fields and Variables

Each “election candidate” entry in the database includes multiple fields such as:

FIELD / VARIABLE	DESCRIPTION
Candidate ID	Unique code assigned by ECI for database tracking
Candidate Name	Full legal name as per affidavit
Constituency	Electoral constituency contested
Party Affiliation	Political party or ‘Independent’
Gender	Male/Female/Other
Age	Age at time of nomination
Education	Declared educational qualification
Criminal Cases	Pending or convicted criminal cases (if any)
Assets and Liabilities	Declared movable and immovable assets
Contact / Address	Official residential details
Election Year	Year of contesting election

Coding and Abbreviation

The ECI uses short codes for efficient data handling. Examples:

• PC – Parliamentary Constituency
• AC – Assembly Constituency
• IND – Independent Candidate
• INC, BJP, etc. – Political party abbreviations
• CID – Candidate Identification Number

Methodology

• Data is gathered digitally at the source (nomination stage).
• ECI follows standardized data entry formats to ensure uniformity.
• All fields are machine-readable (CSV/JSON format) and searchable via candidate name, party, or constituency.
• Older data is archived but accessible through the National Data Archive and Open Government Data (OGD)  platform.

These codes help in sorting, mapping, and linking data across various elections and reports.

A typical entry on the ECI Affidavit Portal looks like this:- Image-ECI Portal

In government databases, the term ‘Election Candidate’ refers to a registered individual who has formally filed nomination papers to contest an election. Their details are systematically recorded and made public by the Election Commission of India using a standardized and transparent data collection process. This ensures accessibility, authenticity, and traceability of information related to every contesting candidate.

Research that Engages with ‘Election Candidate’ - DATABASE B

Independent scholarship and civil society research in India have significantly expanded the understanding of the election candidate beyond its narrow administrative definition used in official electoral databases. While the Election Commission of India (ECI) provides structured information through nomination affidavits, non-governmental research bodies, think tanks, and academic institutions have developed analytical, legal, and behavioural perspectives that reinterpret what the term represents within the Indian justice and governance framework.

Civil Society Research and Data Transparency Initiatives

The Association for Democratic Reforms (ADR) and its public information platform My Neta have been at the forefront of citizen-led data transparency in elections.

Through systematic digitisation and analysis of affidavits filed by candidates, these initiatives compile comprehensive datasets covering candidate backgrounds, criminal cases, assets, liabilities, and educational qualifications. Periodic reports such as Analysis of Criminal and Financial Backgrounds of Candidates and MPs/MLAs have been instrumental in bringing transparency and accountability into the electoral process.

Legal and Policy-Oriented Research

The Vidhi Centre for Legal Policy, an independent legal think tank, approaches the concept of the election candidate through a normative and regulatory lens. Its studies such as Money and Elections: A Legal and Policy Review and papers on Disqualifications and Electoral Reforms, examine how statutory provisions, disclosure requirements, and judicial interpretations shape the rights, duties, and accountability of candidates.

Vidhi’s work extends the discussion beyond the ECI’s procedural documentation by evaluating the adequacy of legal safeguards, enforcement gaps, and the need for reform in candidate disclosure, campaign finance, and disqualification mechanisms. It bridges empirical affidavit data with policy-oriented legal analysis, thereby expanding the notion of a candidate from an administrative entity to a regulated legal actor subject to evolving norms of transparency and integrity.

This strand of research moves beyond official documentation by converting static affidavit data into structured, comparative, and publicly accessible formats, thereby enabling the public and researchers to examine systemic patterns in candidate selection and representation.

Academic and Empirical Research

Academic institutions and research organisations such as the Centre for the Study of Developing Societies (CSDS–Lokniti), and allied academic projects, have contributed a behavioural and empirical dimension to the study of election candidates.

The National Election Studies (NES) conducted by CSDS integrate survey data with candidate-level information to understand how voters respond to attributes such as criminal background, gender, caste, and wealth.

In addition, scholars affiliated with universities and policy schools have employed econometric analyses and field experiments to study the effects of candidate disclosures on electoral outcomes and voter behaviour. This research goes beyond official data by situating the candidate within the voter’s perception and democratic choice framework, thereby explaining why certain candidates succeed and how disclosure and regulation influence electoral behaviour.

Overlaps and Complementarities

Despite distinct approaches, these three domains of research share significant common ground:

• Each relies on the candidate affidavit as a foundational dataset, using it either as a data source (ADR), a legal reference (Vidhi), or a behavioural variable (CSDS).
• Together, they form a complementary research ecosystem:
  • Civil society ensures data transparency and accessibility.
  • Legal-policy research ensures normative evaluation and reform advocacy.
  • Academic inquiry ensures empirical validation and causal explanation.

Through this interplay, the concept of an election candidate has evolved from a static record in a government database into a multifaceted subject of legal, social, and political inquiry.

Gaps and Limitations in Existing Research

Verification Gap

Research continues to depend on self-declared affidavit information with limited cross-verification against independent administrative or financial records.

Temporal Gaps

Few studies track changes in candidate attributes such as asset growth, criminal case progression, or re-contesting patterns over successive elections.

Thematic Narrowness

Focus remains largely on criminality and wealth, while dimensions such as gender equity, minority representation, and disability inclusion remain under-explored.

Empirical–Legal Disconnect

Legal and policy analyses often propose reforms but rarely measure their behavioural or electoral impact empirically.

Standardisation and Data Quality Issues

Differences in data coding, constituency boundaries, and affidavit formats across election cycles create difficulties in longitudinal comparison.

Conclusion

The cumulative effect of civil society activism, policy research, and academic scholarship has been to redefine the “election candidate” as more than an entry in a nomination database. The candidate now represents a dynamic intersection of legal rights, ethical obligations, and democratic accountability.

While the Election Commission’s databases provide the official skeleton of information, it is through non-governmental and academic research that the concept gains analytical depth, social context, and normative substance.

List of References

I. Primary Legislation & Statutory Documents

India. The Representation of the People Act, 1951 (RPA, 1951). (Specifically referencing Sections 3-6, 8-10A, 33, 36, and Part II).https://www.indiacode.nic.in/bitstream/123456789/2096/9/A1951-43.pdf

India. The Indian Penal Code, 1860 (IPC). (Specifically referencing Section 171A: "Candidate"). https://www.indiacode.nic.in/repealedfileopen?rfilename=A1860-45.pdf

Election Commission of India (ECI). Model Code of Conduct (MCC).https://ceodelhi.gov.in/MCCn.aspx

Election Commission of India (ECI). Affidavit Form 26 (Mandatory Nomination Affidavit).https://share.google/tMxp2wm9soUqpI53B

II. Official Government Reports & Documents

Law Commission of India. 170th Report on "Reform of the Electoral Laws" (1999).https://lawcommissionofindia.nic.in/report_fifteenth/report170.pdf

Election Commission of India (ECI). Electoral Reforms Proposal (2004).https://lawmin.gov.in/sites/default/files/bgp_0.doc

Administrative Reforms Commission (ARC). Fourth Report: Ethics in Governance (2007).https://darpg.gov.in/sites/default/files/EthicsinGovernance_4threport.pdf

Election Commission of India (ECI). Official publications and directions regarding Criminal Antecedents Disclosure, “Know Your Candidate” App, and “No Dues Certificate” facilitation.https://elections24.eci.gov.in/docs/ucihQ7wpmf.pdf

III. Judicial Precedents (Case Laws)

Lily Thomas v. Union of India, (2013) 7 SCC 653. (Referencing the principle on disqualification upon conviction).https://sec.rajasthan.gov.in/cm/upload/6.%20Lily%20Thomas%20vs%20Union%20of%20India%20and%20ors.pdf

N.P. Ponnuswami v. The Returning Officer, Namakkal Constituency, Namakkal, Salem Dist. & Ors., AIR 1952 SC 64. (Referencing the scope of challenging candidate eligibility).https://ceojk.nic.in/pdf/LandmarkJudgementsVOLI.pdf

Supreme Court Judgments mandating the disclosure of criminal, financial, and educational details by candidates in their affidavits. (General reference to the series of rulings establishing the voter's 'Right to Information' about candidates).

Judicial dictum defining the scope and application of Corrupt Practices (Section 123 of RPA, 1951). (General reference).

IV. Research & Data Sources (Civil Society & Academic)

National Data Archive and Open Government Data (OGD)  https://data.gov.in.

Association for Democratic Reforms (ADR) and My Neta. Analysis of Criminal and Financial Backgrounds of Candidates and MPs/MLAs (Periodic Reports and Datasets). https://adrindia.org/ https://myneta.info/

Vidhi Centre for Legal Policy. Studies on Money and Elections: A Legal and Policy Review, Disqualifications, and other papers on Electoral Reforms. https://vidhilegalpolicy.in/research/money-and-elections-necessary-reforms-in-electoral-finance/ https://vidhilegalpolicy.in/

Centre for the Study of Developing Societies (CSDS–Lokniti) https://lokniti.org/. National Election Studies (NES) https://lokniti.org/national-election-studies.

Election Commission of India (ECI). Candidate Affidavit and Election Data Portal (Official Website: https://affidavit.eci.gov.in). (This serves as the primary dataset/source for both government and non-government analysis).