The Election Commission has announced the schedule for the election of the President of India. The last date for nominations is June 30, elections will be held on July 19, and counting will take place on July 22. The BJD and AIADMK have proposed the name of Mr. P.A. Sangma. The Samajwadi Party and Trinamool Congress have suggested three names. Other parties or alliances have not announced any contenders. Our calculations show that no single party or alliance has the numbers to unilaterally elect candidates of its choice. A candidate will need 5,48,507 votes to be elected as the President. If the UPA were to vote as a consolidated block, its vote tally would reach 4,49,847 (41% of the total votes). Among the Congress allies, Trinamool holds the largest number of votes (47,898). If Trinamool decides to support some other candidate, the UPA tally will fall to 4,01,949 votes (37% of the total). The votes held by the major alliances are given in the table below:
| Coalition | Value of votes | Percentage of total votes |
| UPA |
4,49,847 |
41.0% |
| NDA |
3,03,912 |
27.7% |
| Left |
52,282 |
4.8% |
| Bahujan Samaj Party |
43,723 |
4.0% |
| Samajwadi Party |
68,943 |
6.3% |
| Biju Janata Dal |
30,215 |
2.8% |
| AIADMK |
36,216 |
3.3% |
| Others |
1,11,874 |
10.2% |
| Total |
10,97,012 |
|
| Minimum required to be elected |
5,48,507 |
|
A detailed break-up of votes held by each party is given in the table below:
| Party | Value of votes | Percentage of total votes |
| Indian National Congress |
3,31,855 |
30.30% |
| Bharatiya Janata Party |
2,32,454 |
21.20% |
| Samajwadi Party |
68,943 |
6.30% |
| All India Trinamool Congress |
47,898 |
4.40% |
| Bahujan Samaj Party |
43,723 |
4.00% |
| Janata Dal (United) |
41,574 |
3.80% |
| All India Anna Dravida Munnetra Kazhagam (AIADMK) |
36,216 |
3.30% |
| Communist Party of India (Marxist) |
35,734 |
3.30% |
| Biju Janata Dal |
30,215 |
2.80% |
| Nationalist Congress Party |
24,058 |
2.20% |
| Independent |
23,830 |
2.20% |
| Dravida Munnetra Kazhagam (DMK) |
21,780 |
2.00% |
| Telugu Desam Party |
21,256 |
1.90% |
| Shiv Sena |
18,320 |
1.70% |
| Shiromani Akali Dal |
11,564 |
1.10% |
| Communist Party of India |
9,758 |
0.90% |
| Rashtriya Janata Dal |
8,816 |
0.80% |
| Others |
7,420 |
0.70% |
| Janata Dal (Secular) |
6,138 |
0.60% |
| Jammu and Kashmir National Conference |
5,556 |
0.50% |
| Rashtriya Lok Dal |
5,412 |
0.50% |
| Desiya Murpokku Dravida Kazhaga (DMDK) |
5,104 |
0.50% |
| Jharkhand Mukti Morcha |
4,584 |
0.40% |
| Muslim League Kerala State Committee |
4,456 |
0.40% |
| Indian National Lok Dal |
4,068 |
0.40% |
| All India Forward Bloc |
3,961 |
0.40% |
| Jharkhand Vikas Morcha |
3,352 |
0.30% |
| Asom Gana Parishad |
3,284 |
0.30% |
| Telangana Rashtra Samiti |
3,044 |
0.30% |
| Revolutionary Socialist Party |
2,829 |
0.30% |
| Bodoland People's Front |
2,808 |
0.30% |
| All India United Democratic Front |
2,796 |
0.30% |
| Praja Rajyam Party |
2,664 |
0.20% |
| Maharashtra Navnirman Sena |
2,275 |
0.20% |
| Kerala Congress (M) |
2,076 |
0.20% |
| All India Majlis-e-Ittehadul Muslimeen |
1,744 |
0.20% |
| Nagaland People's Front |
1,722 |
0.20% |
| Sikkim Democratic Front |
1,640 |
0.10% |
| Peoples Democratic Party |
1,512 |
0.10% |
| Bahujan Vikas Aaghadi |
1,058 |
0.10% |
| Lok Janasakti Party |
957 |
0.10% |
| All Jharkhand Students Union |
880 |
0.10% |
| Haryana Janhit Congress |
820 |
0.10% |
| Mizo National Front |
732 |
0.10% |
| Marumalarchi Dravida Munnetra Kazhagam |
708 |
0.10% |
| Swabhimani Paksha |
708 |
0.10% |
| Viduthalai Chiruthaigal Katchi |
708 |
0.10% |
| YSR Congress Party |
708 |
0.10% |
| Peasants and Workers Party |
700 |
0.10% |
| Pattali Makkal Katchi |
528 |
0.00% |
| Manithaneya Makkal Katch |
352 |
0.00% |
| Puthiya Tamilaga |
352 |
0.00% |
| All India NR Congress |
240 |
0.00% |
| J&K National Panthers Party |
216 |
0.00% |
| Communist Party of India (Marxist-Leninist) |
176 |
0.00% |
| United Democratic Party |
153 |
0.00% |
| Lok Satta Party |
148 |
0.00% |
| Loktantrik Samajwadi Party |
129 |
0.00% |
| J&K Democratic Party Nationalist |
72 |
0.00% |
| People's Democratic Front |
72 |
0.00% |
| Uttarakhand Kranti Dal |
64 |
0.00% |
| Maharashtrawadi Gomantak Party |
60 |
0.00% |
| People's Party of Arunachal |
32 |
0.00% |
| Total |
10,97,012 |
|
Notes: The electoral college for the Presidential election consists of the elected members of Lok Sabha, Rajya Sabha and all Legislative Assemblies. The winning candidate must secure at least 50% of the total value of votes polled. Each MP/ MLA’s vote has a pre-determined value based on the population they represent. For instance, an MP’s vote has a value of 708, an MLA from UP has a vote value of 208 and an MLA from Sikkim has a vote value of 7 (Note that all MPs, irrespective of the constituency or State they represent, have equal vote value). Parties in various coalitions: UPA: Congress, Trinamool, DMK, NCP,Rashtriya Lok Dal, J&K National Conference, Muslim League Kerala State Committee, Kerala Congress (M), All India Majlis-e-Ittehadul Muslimeen, Sikkim Democratic Front, Praja Rajyam Party, Viduthalai Chiruthaigal Katchi NDA: BJP, JD(U), Shiv Sena, Shiromani Akali Dal, Janata Party Left: CPI(M), CPI, Revolutionary Socialist Party, All India Forward Bloc
Yesterday, the Governor of Karnataka promulgated the Karnataka Protection of Right to Freedom of Religion Ordinance, 2022. The Ordinance prohibits forced religious conversions. A Bill with the same provisions as the Ordinance was passed by the Karnataka Legislative Assembly in December 2021. The Bill was pending introduction in the Legislative Council.
In the recent past, Haryana (2022), Madhya Pradesh (2021), and Uttar Pradesh (2021) have passed laws regulating religious conversions. In this blog post, we discuss the key provisions of the Karnataka Ordinance and compare it with existing laws in other states (Table 2).
What religious conversions does the Karnataka Ordinance prohibit?
The Ordinance prohibits forced religious conversions through misrepresentation, coercion, allurement, fraud, or the promise of marriage. Any person who converts another person unlawfully will be penalised, and all offences will be cognizable and non-bailable. Penalties for attempting to forcibly convert someone are highlighted in Table 1. If an institution (such as an orphanage, old age home, or NGO) violates the provisions of the Ordinance, the persons in charge of the institution will be punished as per the provisions in Table 1.
Table 1: Penalties for forced conversion
|
Conversion of |
Imprisonment |
Fine (in Rs) |
|
Any person through specified means |
3-5 years |
25,000 |
|
Minor, woman, SC/ST, or a person of unsound mind |
3-10 years |
50,000 |
|
Two or more persons (Mass conversion) |
3-10 years |
1,00,000 |
Sources: Karnataka Protection of Right to Freedom of Religion Ordinance, 2022; PRS.
Re-converting to one’s immediate previous religion will not be considered a conversion under the Ordinance. Further, any marriage done for the sole purpose of an unlawful conversion will be prohibited, unless the procedure for religious conversion is followed.
How may one convert their religion?
As per the Ordinance, a person intending to convert their religion is required to send a declaration to the District Magistrate (DM), before and after a conversion ceremony takes place. The pre-conversion declaration must be submitted by both parties (the person converting their religion, and the religious converter), at least 30 days in advance. The Ordinance prescribes penalties for both parties for failing to follow procedure.
After receiving the pre-conversion declarations, the DM will notify the proposed religious conversion in public, and invite objections to the proposed conversion for a period of 30 days. Once a public objection is recorded, the DM will order an enquiry to prove the cause, purpose, and genuine intent of the conversion. If the enquiry finds that an offence has been committed, the DM may initiate criminal action against the convertor. A similar procedure is specified for a post-conversion declaration (by the converted person).
Note that among other states, only Uttar Pradesh requires a post-conversion declaration and a pre-conversion declaration.
After the religious conversion has taken place, the converted person must submit a post-conversion declaration to the DM, within 30 days of the conversion. Further, the converted person must also appear before the DM to confirm their identity and the contents of the declaration. If no complaints are received during this time, the DM will notify the conversion, and inform concerned authorities (employer, officials of various government departments, local government bodies, and heads of educational institutions).
Who may file a complaint?
Similar to laws in other states, any person who has been unlawfully converted, or a person associated to them by blood, marriage, or adoption may file a complaint against an unlawful conversion. Laws in Haryana and Madhya Pradesh allow certain people (those related by blood, adoption, custodianship, or marriage) to file complaints, after seeking permission from the Court. Note that the Karnataka Ordinance allows colleagues (or any associated person) to file a complaint against an unlawful conversion.
*In Chirag Singhvi v. State of Rajasthan, the Rajasthan High Court framed guidelines to regulate religious conversions in the state.
