While the elections are over, recent directions from the Election Commission of India (ECI) to the heads of India’s top two national parties, Bharatiya Janata Party (BJP) and Congress, will prove a trendsetter irrespective of how the parties respond. The model code of conduct (MCC) remains only an agreed code of behaviour and not a statute. However, ECI took an innovative path by seeking accountability from parties even as the onus lies with the individual violators. It underlined the extra responsibility of the ruling party but ruled out any immunity for the Opposition. Campaign methods of both the BJP and the Congress must fully align with the composite and sensitive fabric of India, it said.
FILE-Polling officials wait to receive electronic voting machines and other polling material at a distribution centre on the eve of the sixth round of multi-phase national elections in New Delhi, India, Friday, May 24, 2024. (AP Photo/Altaf Qadri, file) (AP)
While serving notice to the two parties, ECI said, “the Commission considers the political party as the fundamental stakeholder, in terms of regulation, consultation and facilitation within and about the election process” and “that political parties will have to take primary and increasing responsibility for the conduct of their candidates in general and star campaigners in particular.” “Star campaigner” is defined under Section 77 of the Representation of the People Act, 1951 and their special “privileges” are meant to enable more sagacious propagation of party programmes as different from localised noises. Their statements evolve through careful ideation within the party for a heightened discourse. This creates a sound basis for involving the party.
There were many grievances relating to the star campaigners. While the approved list may be quite long, a few superstar campaigners who crisscrossed the country and command sizeable popular appeal generated much concern. ECI told party presidents, “It is expected of you to use the strength of your office and intra-party consultations to advise/ counsel/ oblige the listed star campaigners of your party to be careful in their campaign utterances and correct their discourses.” Chiefs of both parties were directed to issue formal notes to star campaigners and rein them in.
ECI also made public all cases of MCC violation since the code came into force on March 16 “so that misgivings, however small or limited, are addressed and stopped”. Out of 425 major complaints in the last month, 175 were from the Congress, 95 from the BJP, and 160 from other parties, with action taken in over 90% of cases. Some interventions are long-term and systemic. ECI scuttled attempts to register persons as beneficiaries against promised post-election schemes in the guise of surveys. Stiff action has been taken against campaigners making offensive remarks against women. Here too, ECI has called on political parties to take responsibility. Similarly, there is a resolve to make sure that children are not misused during campaigns. A staggering 4.25 lakh code violations have been reported from citizens (at the end of the sixth phase) and these mostly stand disposed of. Flying squads deployed by ECI could rush to sites of violation after a prompt from the geo-tagging feature in the cVIGIL app.
The MCC was created by the common consent of political parties; the moral framework helps regulators to ensure a level playing field, a premise for free and fair polls. Commencing from 1968, the MCC has become a comprehensive document endowing efficacy within the brief election frame that a judicial process could miss out on. Two provisions of the code need constant reiteration. The first one, which has witnessed serious violations is: “No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.” The other one, again a frequent casualty is: “Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.”
ECI’s reflections in its latest order are significant. It described the periodic electoral experience of the voter-citizen as a precious heritage that should not be marred by disturbing portrayals from big political parties. Dwelling deep on interconnections, ECI says: “Political parties are in the task of nurturing leaders for the country for present and future. They cannot afford to be lax in any manner in enforcing discipline and conduct among the cadre in the high-stake electoral space, especially with reference to senior members.”
One can recall the good old system of parent-teacher meetings at schools when teachers would invite parents to share concerns about students and seek parental supervision. Parties like parents will bear some brunt for the failings of their leading members and they will need to develop internal mechanisms to deal. In the frenzied sphere of modern-day election contests, when passion and overflow keep challenging the MCC threshold, calling upon the party to rein in campaigners would appear worthwhile.
Akshay Rout is a former director general, Election Commission of India. The views expressed are personal
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