Setting the bar: On the Election Commission of India
23.05.24 29 Source: The Hindu (23 May, 2024)
The Election Commission of India (ECI) asking the BJP and the Congress to desist from raising divisive issues in campaigning in the general election is a case of better late than never. The ECI has, in recent years, disappointed the Indian electorate by its inability to be effective, impartial and prompt in its role as the watchdog of elections. This is partly a function of the mechanism of the appointment of the ECI’s members, which is entirely a partisan decision of the executive. The ECI has now written to BJP president J.P. Nadda to ask “star campaigners” of the party to refrain from making statements which “may divide the society”. Its letter follows his response on May 13 to a notice issued to him over a complaint against Prime Minister Narendra Modi’s speech in Banswara, Rajasthan — Mr. Modi had referred to Muslims as “infiltrators” and “people with more children.” The letter to Congress president Mallikarjun Kharge asks him to ensure that the party’s star campaigners desist from making any statements which may cause tensions between different castes and communities. These rebukes from the ECI to the parties come a day after it censured the former Calcutta High Court judge turned BJP candidate from Tamluk, West Bengal, Abhijit Gangopadhyay, for his remarks against Trinamool chief Mamata Banerjee. He was barred from campaigning for 24 hours.
Earlier, the ECI had acted against YSRCP chief, Y.S. Jagan Mohan Reddy, BRS chief K. Chandrashekar Rao, Telangana Minister Konda Surekha, BJP leaders Shobha Karandlaje and Dilip Ghosh, and Congress leaders Supriya Shrinate and Randeep Surjewala. Complaints against U.P. Chief Minister Yogi Adityanath and Assam Chief Minister Himanta Biswa Sarma, last week, for their alleged violation of the model code of conduct (MCC) are pending. Overall, these measures might give an appearance of impartiality but that is not enough. The ECI is assuming a false parity between legitimate debates on policies that impact various social groups differently and an incitement of xenophobia for social polarisation. The MCC cannot be a ruse to muffle political debates and disagreements which are, and should be, at the heart of campaigning. Misuse of power and creation of disharmony fall in a different basket. The integrity and the credibility of the ECI is central to the legitimacy of elections. Reinforcing its independence should be a priority for all stakeholders in Indian democracy, particularly political parties and the judiciary. The ECI is too important to be left to itself.
What is a Model Code of Conduct and its objectives?
The Model Code of Conduct (MCC) is a set of norms and principles to guide the political parties and candidates during elections, evolved with the consensus of political parties to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.
The Election Commission ensures observance of the MCC by a political party in power and contesting candidates for conducting free and fair elections under Article 324 of the Constitution of India.
MCC also ensures that official machinery for electoral purposes is not misused. Further, it is also ensured that electoral offenses, malpractices, and corrupt practices are prevented by all means.
The Model Code of Conduct is enforced from the date of announcement of the election schedule by the Election Commission and is operational till the process of elections is completed.
During general elections to the Lok Sabha, the code is applicable throughout the country. During general elections to the Legislative Assembly of the state, the code is applicable in the entire State.
During bye-elections, the Model Code of Conduct would be applicable in the area of the concerned Constituency only.
What is the historical background of the Model Code of Conduct?
The Model Code of Conduct (MCC) has its roots in the electoral history of India. It originated in the state of Kerala, and with time, it has evolved into the Model Code of Conduct (MCC).
MCC traces its origins to the 1960 Assembly elections in Kerala, where a 'Code of Conduct' was prepared by the State Administration for political leaders.
Subsequently, in the 1962 Lok Sabha elections, the Election Commission of India (ECI) circulated the code to all recognized political parties and State governments, which was generally followed.
However, to address the issue of corrupt electoral practices, using muscle power and money from 1962 to 1991, the ECI refined the code, adding a section to regulate the 'party in power' and prevent it from gaining an unfair advantage during elections.
The code was renamed the MCC and made more stringent, but despite demands that it be incorporated into the law, no such legislation was passed.
After 1991, the ECI enforced the MCC using new means, and in cases of violation, the Chief Election Commissioner T.N. Seshan exercised constitutional power under Article 324 to postpone elections.
In 2013, the Supreme Court directed the Election Commission to include guidelines on election manifestos in the MCC, which were subsequently included in the code for the 2014 general elections.
