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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