TAG: GS 2: POLITY
THE CONTEXT: The Election Commission’s first ever notices to political parties for alleged Model Code of Conduct (MCC) violations by their star campaigners marks a significant shift in the institution’s response to such complaints.
EXPLANATION:
- The Election Commission of India (EC) has historically sent notices to individuals rather than political parties in response to complaints regarding violations of the Model Code of Conduct (MCC).
- However, a recent development marks a significant shift in the EC’s approach, as it has issued notices directly to political parties for alleged MCC violations by their star campaigners.
Past Practice vs. Current Approach
- Previously, the EC issued general advisories to political parties regarding MCC compliance.
- When individual complaints arose, notices were directed at the specific individual rather than the party.
- This traditional practice aimed at holding individuals accountable for their actions during election campaigns.
Recent Notices to Political Parties
- In a departure from past practices, the EC has issued notices to the Bharatiya Janata Party (BJP) and the Indian National Congress (INC) regarding complaints against Prime Minister and Opposition leader, respectively.
- The notices emphasize that individual star campaigners bear responsibility for their speeches, and parties may be held accountable for MCC violations on a case-by-case basis.
Challenges and Concerns
- Some observers view the EC’s move as fraught with challenges.
- Questions arise regarding the extent of action the EC can take against individual leaders if notices are issued to their respective parties.
- Additionally, concerns exist regarding the clarity of intent behind this shift in approach and the potential consequences if parties’ responses to notices are deemed unsatisfactory.
- While high-profile political leaders have previously received notices directly from the EC for MCC breaches, no sitting Prime Minister has been issued a notice for MCC violation to date.
Calibrated Approach
- The issuance of notices to political parties reflects a calibrated approach announced by the Chief Election Commissioner during a press conference on Lok Sabha elections.
- This approach entails tougher actions against repeat offenders among campaigners, with increased responsibility linked legally to the political parties to whom the star campaigners belong.
Legal Implications and Reminders
- The EC’s decision to hold political parties accountable for MCC violations aligns with the legal framework surrounding party registration and commitment to constitutional ideals.
- This reminder serves to underscore the gravity of adhering to MCC guidelines and reinforces the EC’s commitment to upholding electoral integrity.
Model code of conduct:
- The Model Code of Conduct (MCC) is a set of guidelines established by the Election Commission of India (ECI) to regulate the behavior of political parties and candidates during elections.
- It serves to ensure fair and ethical practices in electoral processes and prevent the misuse of government resources for partisan gains.
- The MCC becomes operational from the moment the election schedule is announced and remains in force until the declaration of election results.
- This period marks a crucial phase in the electoral cycle, where political parties and candidates are bound by the provisions outlined in the MCC.
- The MCC comprises a comprehensive set of provisions covering various aspects of electioneering:
- General Conduct:Political parties and candidates are expected to conduct themselves in a manner that upholds the integrity of the electoral process and fosters a fair and level playing field.
- Campaign Activities:Restrictions are imposed on activities such as rallies, processions, and public meetings to maintain order and prevent disruptions.
- Use of Government Resources:The MCC prohibits the use of official government machinery, resources, and media for election campaigning to prevent undue advantage to the ruling party.
- Advertisement and Publicity:Parties are barred from advertising at the expense of public funds and using government-sponsored advertisements to influence voter behavior.
- Equitable Treatment:The MCC mandates equitable treatment of political parties in terms of access to public facilities and resources for campaign purposes.
- Content of Campaigns:Campaigns should focus on the performance and record of political parties and candidates, without resorting to divisive tactics based on caste, religion, or other communal sentiments.
- Election Silence:A 48-hour ‘election silence’ period is enforced before polling day to allow voters a campaign-free environment for reflection.
