Section 39A: Allocation of Equitable Sharing of Time
Section 39A empowers the Election Commission of India to allocate equitable broadcast time to recognised political parties for election-related communications on cable television networks and other covered electronic media. Allocation is based on past electoral performance and operates within a defined period before polling.
Meaning and purpose of Section 39A
The provision seeks to provide a regulated opportunity for recognised political parties to communicate election matters to the public through specified broadcast media. Equitable allocation does not necessarily mean identical time for every party: the statute expressly makes past performance a relevant basis for the Election Commission's allocation.
Section 39A explained, subsection by subsection
Subsection (1): Power to allocate time
Despite anything inconsistent in other laws, the Election Commission must allocate equitable time on cable television networks and other electronic media, in the prescribed manner, having regard to the past election performance of recognised political parties. The time may be used to display or propagate election matter or to address the public in connection with an election.
Subsection (2): When the allocation applies
The allocation is made after publication of the list of contesting candidates under Section 38 and remains valid only until 48 hours before the time fixed for polling in the relevant election. This is a statutory cutoff for the allocation, not a general permission for all forms of campaigning until that time.
Subsection (3): Binding effect
The allocation made under subsection (1) is binding on the political parties concerned. Parties must therefore follow the time allocation determined under the applicable scheme.
Subsection (4): Code of conduct for media
The Election Commission may frame a code of conduct for cable operators and electronic media for the purposes of Section 39A. Cable operators and persons managing or responsible for managing the relevant electronic media must comply with that code.
Definitions under the Explanation
- Electronic media: Includes radio and other broadcasting media notified by the Central Government in the Official Gazette. It should not automatically be read as encompassing every internet or social-media platform.
- Cable television network and cable operator: Have the respective meanings assigned by the Cable Television Networks (Regulation) Act, 1995, as referenced in the Explanation.
- Recognised political party: Recognition is governed by the applicable Election Commission framework, including the Election Symbols (Reservation and Allotment) Order, 1968; Section 39A does not grant this statutory allocation to every registered party.
How the allocation process works
- The Returning Officer publishes the list of contesting candidates in accordance with Section 38.
- The Election Commission determines equitable media time for eligible recognised parties, taking their past performance into account and applying the prescribed rules and election-specific instructions.
- The parties use their allocated time subject to the applicable broadcast arrangements and content requirements.
- The allocation ceases to be valid 48 hours before the fixed polling time; broadcasters and parties remain subject to other applicable election laws and directions.
Related provisions and official resources
Section 38 determines when the list of contesting candidates is published. For the authoritative legislation, consult the Representation of the People Act, 1951 (India Code). Election-specific instructions and broadcasting arrangements should be checked with the Election Commission of India and applicable notifications.
Frequently asked questions
Does every political party receive the same broadcast time?
No. The statutory requirement is equitable sharing based on the past performance of recognised political parties, not necessarily equal duration for all parties.
When does the allocation expire?
It remains valid until 48 hours before the hour fixed for polling for that election.
Are cable operators required to follow Election Commission rules?
Yes. Under subsection (4), they and the responsible managers of electronic media must comply with the code of conduct made by the Election Commission for this purpose.