Political Diary
New
Delhi, 9 April 2019
Code
Of ‘Misconduct’
TOOTHLESS
EC, NETAS MERRY
By
Poonam I Kaushish
In this theekha-masaledar
electioneering season our netagan seem
to have taken loads of tips from Bollywood and produced their own version of putrid
entertainment: under-the-belt speeches, freebies and more giveaways! Spiced
with the right caste and communal combinations. Swaying to the heady tinkle of
money, cheap thrills and seetees. In
the hope this would bring them political tripti!
Welcome Election 2019 wherein immorality is
the flavour of the season. From desh
bhakts to desh drohis. The ball
was set rolling by Modi who called the Congress and everyone questioning the
Balakot strikes as “Spokespersons of Pakistan,” which countered with “Chowkidar chor hai.”
Undeniably, in a milieu where politics has
degenerated to a euphemism for abuse and maliciousness, the Election
Commission’s (EC) Model Code of Conduct (MCC) has become the most potent
missile in the arsenal of political rivals and jaani dushmans. With none caring a damn for its seven Dos and
Don’ts about general conduct, meetings, processions, polling day, polling booth
observers and the Party in power.
After all, how would their art of
double-speak succeed if the preachers of morality were to start practicing it? Polls
mean scoring brownie points against rivals, forget the Commission reading the
riot act under the MCC. Ends matter not the means.
The culprits? All Parties. UP Chief Minister
Yogi Adityanath has got into the EC’s crosshairs by calling India’s Armed
Forces as “Modi ki sena”. The EC has
taken him to task and “advised he be more careful” as candidates and
campaigners are barred from “any political propaganda involving activities of
defence forces”
The next Modi bhakt is Rajasthan Governor and former UP Chief Minister Kalyan
Singh who asserted, “We are workers of BJP….we definitely want the BJP to win.
For the sake of the country and society everyone wants that Modi ji should
become PM once more,” conveniently forgetting that he adorns a Constitutional apolitical
position. Obviously, the EC complained to
President Kovind seeking action against Singh, who has forwarded it to the Home
Ministry. A decision is awaited.
BSP Mayawati ‘killed’ both Modi and Congress
with one stone by likening demonitisation to Emergency with NaMo on his way
out. A BJP leader hit back,“Mayawati khud
roz facial karwati hain…..unke baal paka hua hai aur rangeen karwake ke aaj bhi
apne aap ko Mayawati jawan saabit karti
hain. 60 varsh umar ho gayi lekin sab baal kaale hain." Added SP’s
Akhilesh Yadav for good measure, “Is there any chowkidar to check the theft in the Rafale deal?”
The EC has expressed its “displeasure” to
NITI Ayog Vice Chairman Rajiv Kumar of speaking like a BJP spokesperson
dismissing Congress’s NYAY scheme by saying the Party can “say and do anything
to win elections”.
With these comments going viral on social and
digital media it raises a moot point: Why shouldn’t there be immediate action,
considering there is no point acting against complaints post polls? Moreover, going
by the low conviction rate, are MCC cases purely symbolic? Would cases stemming
from such FIRs gain more strength if the Code was legal? Would it justify
giving statutory status to all MCC stipulations as suggested by the Parliamentary
Standing Committee on Personnel, Public Grievances, Law and Justice in 2013?
Experts aver following the model code purely
hinges on morality, not fear of law. Since poll campaigns are turning uglier,
more personal and combative, the moral obligation entailed in the MCC could really
bear down heavily on candidates at a time when they are trying to show voters
how upright and competent they are for the job.
However, all is not lost. Though the model
code puts a moral obligation on contestants to make elections free and fair,
most of its stipulations do fall under various laws, thus enabling the EC to
order filing of cases against violators, including initiating criminal cases
under the Indian Penal Code.
Asserted a former Commissioner, “Filing an
FIR, particularly against a senior leader during elections, in itself becomes a huge
embarrassment to his Party. It presents the neta
as ethically wrong to voters. That is the reason most leaders castigated for
breaking the MCC don’t usually repeat their mistake.”
Also, many netas favour making the MCC legally tenable as it clears them of
morality during elections. When the EC issues show cause notice to a candidate,
he has to respond within 48 hours. This is a deterrent unlike a case against a
candidate in court which might linger, giving him the benefit of doubt. Also, this
prevents one from seeing the Code as only voluntary, a reason why the 2013
Parliamentary Standing Committee suggested the remaining stipulations be
accorded statutory backing.
Alas, it is not this election alone, the
story is the same every election wherein the EC is grappling with the same
questions. And by the time the Commission arrives at an answer, votes would
have been cast. So what happens to violations of the MCC? Zilch. They die a
natural death.
Sadly, the truth is that the Code is only a
voluntary compact arrived between the EC and Parties and has no statutory
binding. With Parties and candidates wantonly violating it, the Commission is
powerless. Asserted a senior official, “The Code lacks legal sanction and is
intended to work as a moral policeman to ensure free and fair elections. We can
only freeze a Party’s election symbol or derecognize it as a national Party.
Nothing more, nothing less.” In other words one can merrily violate the Code
wantonly and yet get elected to the Lok Sabha and Assemblies.
Clearly, the time has come to take a good
fresh look at the Code of Conduct and recast it. Importantly, there is urgent
need to convert the Code into a law with the Commission having the power to
take punitive actions. As another EC official confessed, “Presently our power
is restricted to poll violations by Parties and cannot always be used. The
Commission cannot withdraw the symbol every time.
“On individual candidates who violate the
Code, the Commission could think of imposition of monetary penalty,
disqualification and in an extreme case countermanding the election.
Unacceptable behaviour by our netagan should
be adversely publicized and the Government and Parties should publicly
reprimand their candidate. But first we have to give more teeth to the
Commission. Notwithstanding, that the Code might never become law as there are
too many political interests aligned against it.”
It is simply stupid to lament about the
falling standards of morality in politics in these bad times. At the end of the
day, it matters little who wins the elections as we the people are the ultimate
losers. As the system, Government, politicians and politics, everything is game
to deprive the aam janata of a better
life.
As India readies to vote we must not allow ourselves
to be taken for granted any more. We must demand that electoral reforms be
implemented to make our democracy truly representative. Stop voting for the
shameless, self-serving netas who put
a premium on immorality. Will licentiousness be the bedrock of India’s
democracy? Can a nation be bare and bereft of all sense of morality? And, for
how long? Think. ---- INFA
(Copyright, India
News & Feature Alliance)
|