EC toothless in implementing conduct code

Despite having a comprehensive model code of conduct, the Election Commission (EC) is unable to check electoral malpractices as it does not have the power to prosecute violators.

Updated on: Oct 6, 2013, 21:30:25 IST

Hindustan Times | By Chetan Chauhan, NEW DELHI

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Despite having a comprehensive model code of conduct, the Election Commission (EC) is unable to check electoral malpractices as it does not have the power to prosecute violators.

The maximum powers the code gives to the EC are to derecognise a political party. But, in the last decade, it has not exercised these powers either.

“We have taken whatever action we could under the code,” said a senior Election Commission official, who did not want to be named. “We don’t have the powers to debar a candidate from contesting for violating the code,” he added.

The model code of conduct, which comes into force from the time elections are announced and remains in force till the election process is over, was evolved on the basis of a consensus among political parties, but over time they have found ways to circumvent it.

Freebies to woo voters are strictly permitted, so parties announce them just before the code comes into force; campaigning starts much before the elections dates are announced, instead of the stipulated 45 days before polling and many a time it is on the basis of caste and religion, which is also prohibited.

Then, of course, there is the issue of slow implementation of the code. The EC does not have a dedicated wing to implement the code. And several times, action for the violation of the model code is taken after the elections are over.

Finally, the expenditure limits set by the EC are good only on paper. According to Election Commission estimates over `1,000 crore of black money was used in the assembly elections of Uttar Pradesh, Tamil Nadu and Karnataka. “We knew that money was being distributed in Tamil Nadu. We were not

able to take large-scale action as there were no complainants,” a senior EC official said.

DECODING THE MODEL CODE OF CONDUCT

With the announcement of poll dates for five states on Friday, the model code of conduct came into effect. What does it mean for parties, candidates and voters?

WHAT IS IT: A set of norms governing the conduct of political parties and candidates

IN FORCE FROM: Date of announcement of election schedule till elections are over

EC’s ROLE: To ensure code is followed for the sake of free, fair and peaceful polls

ABSOLUTE DON’TS

Activities that may aggravate existing differences or create hatred between different castes and communities

Criticising candidates on any aspect of their private lives not connected with public activities

Criticism based on unverified allegations or distortions

Utilising official visits for electioneering

Use of pilot car with beacon lights

Issuing self-promotional advertisements at the cost of the public exchequer

Sanctioning grants/payments out of discretionary funds

Announcing new government schemes; old ones can continue

Use of religious places for election propaganda

CHECKS AND BALANCES

Govt cannot transfer/give new postings to officials involved in election work without EC approval

Govt can grant parole to convicted criminals after consultation with the chief electoral officer

Parties/candidates can use govt aircraft/choppers for electioneering, but there should be no discrimination between the ruling party and the others; they will have to be paid for and proper records maintained

BRIBERY OF VOTERS

Distributing any item to voters having candidate’s picture or election symbol is prohibited

Consequences: A complaint can be filed before the area magistrate by the district administration

PERMITTED EXPENDITURE

Assembly constituency expenditure range is `8 to `16 lakh per candidate. The amount depends on the size of the state. This rule comes into force from the time of filing of nominations

ABOUT THE AUTHOR
Chetan Chauhan
Chetan Chauhan is the National Affairs Editor looking into all aspects of news and features from across India. A Chevening scholar with over three decades of experience in reporting and news management, Chetan has extensively covered all important aspects of the social sector, political economy, environment and climate change nationally and internationally. He did a journalism course at the Reuters Institute of Journalism in Oxford and Digital Media training at Nanyang Technological University in Singapore. He started as a reporter with The Statesman in 1996 and joined the Hindustan Times in 2000 in the metro bureau covering environment, crime and Delhi politics. He covered hot local news, from the Jessica Lal murder case to the rebellion of Delhi Congress MLAs against then Chief Minister Sheila Dikshit, to the replacement of toxic vehicle fuel with cleaner compressed natural gas (CNG) in the national capital. Some of his stories on air pollution became part of the Supreme Court’s landmark MC Mehta versus Government of India case in the National Capital Region (NCR), forcing the government to take corrective measures. As part of the national political bureau since 2004, he covered important central sectors such as environment, education, social justice, labour, rural development, water resources, renewable energy, agriculture, broadcasting and the Planning Commission for more than a decade producing several exclusive and investigative breaking stories. His specialisation is the environment, having covered at least a dozen United Nations global conferences on climate change, biodiversity and wildlife including climate summits in Paris, Copenhagen and Bali. He also covered India’s two five-year plans ---11th and 12th and reported on drafting and execution of right based laws such as Right to Education, Right to Information and rural job guarantee law, MG-NREGA, now being introduced in new format as VG-RAM-G Act. He has in-depth knowledge of social sector issues. He was one of the first to report on tigers vanishing from Sariska and Panna wildlife reserves in 2004 and 2008, respectively, leading to the setting up of the National Tiger Conservation Authority (NTCA) and the introduction of stringent penal provisions for poaching. He has written extensively on the rising human-animal conflict in India and the degradation of India’s biodiversity hotspots because of mining and other activities. Since 2004, Chetan has covered Parliament comprehensively and participated in training on the nuanced coverage of Parliament proceedings. He has travelled extensively across India to cover national and provincial elections since 1998, especially in the Hindi heartland states, considered India’s road to power. He writes a regular column for Hindustan Times, Ecostani, on important national politics, economy, Himalayan ecology and environmental issues. His other responsibilities include providing inputs for edits and edit page articles for the publication, apart from managing news flow from across India.Read More

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