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Model Code Abuse: LET’S NOT RIG THE EC, by Dr.S. Saraswathi, 27 Feb, 2012 Print E-mail

Events & Issues

New Delhi, 27 February 2012

Model Code Abuse

LET’S NOT RIG THE EC

By Dr S Saraswathi

(Former, Director, ICSSR, New Delhi)

 

Over the past six decades since the first General Elections in free India in 1952, several tough challenges have been faced by the Election Commission (EC), a constitutional body. Its work is getting more and more complicated with increasing problems and naked defiance of its authority from various sides. When defiance comes from leading members of the ruling party at the Centre or the States and from some of those in charge of maintaining law and justice in the country, the EC has to assert its constitutional status and functions.

 

The nation has been witnessing desperate fights for winning elections, whether it is panchayat poll in a village or State Assembly or parliamentary elections. Political power and positions today are most sought after means to obtain many other things. To achieve these, parties and candidates are readily inclined to employ any means – lawful and unlawful. Thus, elections have become literally a battle among money, muscle power, and mafia, and throw up an open challenge to the Election Commission in charge of managing this most important political event.

 

In the present series of elections in five States including UP and Punjab, hundreds of cases of violation of the Model Code of Conduct (MCC) have been brought to the EC’s notice. A funny situation of covering the statues of UP Chief Minister Mayawati and the BSP election symbol, the elephant, has arisen. Rules on “paid news” are flouted by parties in collusion with the media. Open defiance of the Commission’s authority besides offering unlawful poll promises to fetch Muslim minority votes by those supposed to be the guardians of law and justice, has provoked an Opposition leader to describe the Congress  as a party of “serial offenders” of the code. 

 

One can imagine how huge is the responsibility put on the EC to conduct elections periodically and cope with the rising excitement, expectations, and interests among contestants, political parties, and voters. Not only the size of the electorate but the number of candidates too has increased.

 

India is the largest democracy with a federal system electing 543 Lok Sabha and 4120 State Assembly members by direct election under universal adult suffrage.  The size of the electorate is over 700 million and the number of polling booths in Parliament elections runs to over 8 million.

 

Though elections started simultaneously for the Assemblies and the Parliament, the synchrony was soon broken due to shortening of the fixed term in some States and then at the Centre following defeat of governments in power. The number of times people have to go to polls in a five-year period has therefore increased.  Election has become almost a continuous political event and its management is no easy task.

 

The Constitution provides for a permanent, independent, and a centralized Election Commission for the conduct of elections under Article 324.  Its main functions are to prepare electoral rolls, allot symbols, appoint electoral officers, conduct elections, receive election complaints, and advise President/Governor, as the case may be, on  the  disqualification of members. Every one of these functions involves many stages and a number of decisions. Theoretically, in discharging its functions, the EC is insulated from interference from the Government. The problem today is to safeguard its autonomy and authority which is getting inconvenient for some power hungry seekers.

 

The function termed as “conduct of elections” in Article 324 actually covers a large field of action and several steps prior, during and after elections. The Supreme Court has stated that the Commission is entitled to exercise certain powers under Article 324 itself, on its own right in an area not covered by Acts and rules. Wherever enacted laws are silent and where its provisions are insufficient to deal with a given situation in the conduct of elections, the EC has the residuary powers under the Constitution to act in an appropriate manner.

 

The Commission has been successfully tackling various challenges it has been facing in different ways. For instance, it has established its exclusive authority in the matter of allotting symbols and registering parties. Photo identity cards are issued to check identity of voters and arrangements are made for videographing the entire poll process to detect booth capturing and undue influence at the time of voting.        

 

Electoral malpractices may occur at any stage of election. Under the Representation of People’s Act, corrupt practices include bribery, undue influence, appeal to religion, race, caste, community or language, publication of false or defamatory statements, providing free transport to voters to reach the polling booth, and exceeding prescribed limits of expenditure. It is indeed a challenging job to prevent these malpractices. 

 

Importantly, the Model Code of Conduct for the guidance of political parties and the candidates has been evolved with the consent of the parties. It was first framed in 1968 and refined in 1982 as a stringent deterrent against corrupt practices. It is enforced by the Commission with the object of providing a “level playing field” for all political parties and fulfilling its mandate of ensuring free and fair elections. Thus, it prescribes specific “do’s and don’ts” for the candidates and parties. 

 

Though this code is like a “gentlemen’s agreement” and depends on the cooperation of the players in the field and public reaction for effectiveness and is not a statute enforceable by courts with penal provisions for violations, it represents the authority of the EC and establishes common rules for the contest. Evidently, the MCC is a hindrance to those relying on winning the game by flouting rules. 

 

In this context, any move to alter existing rules and regulations pertaining to conduct of elections will be viewed with only suspicion and intensify what is termed as credibility crisis and “trust deficit” in the present dispensation.

 

The present Code may lack statutory status, but it is a powerful instrument in the hands of the EC to take immediate action. Statutory status may provide for penal action against offenders, but involves prolonged court procedure. Meantime, the offenders coming to power on the strength of malpractices may complete their terms in the legislatures.

 

It seems that the suggested statutory status to the EC is a euphemism for taking the MCC from its domain and attaching it to the Union Government.  This will amount to interference in the constitutional function of the EC to conduct elections and hence a move likely to be struck down as unconstitutional. 

 

Peaceful and orderly conduct of general elections in India has received worldwide appreciation as a remarkable achievement. The EC has served the Indian democracy well enough to receive the highest rank in some political surveys as the most efficacious among constitutional bodies. Let’s not play around with its powers and functions. --- INFA

 

(Copyright, India News and Feature Alliance)

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