SETTING THE BAR: ON THE ELECTION COMMISSION OF INDIA

THE CONTEXT: The Election Commission of India’s recent directives to the BJP and Congress to avoid divisive campaigning mark a crucial, albeit delayed, attempt to uphold electoral integrity. Amidst growing concerns over its effectiveness and impartiality, the ECI’s actions reflect a necessary step towards ensuring a fair and unbiased electoral process despite the challenges posed by the current mechanism of appointing ECI members.

ISSUES:

  • Ineffectiveness and Partiality: The ECI has been criticized for its inability to fulfill its role effectively, impartially, and promptly as the watchdog of elections. This ineffectiveness is partly attributed to the mechanism of appointing ECI members, which is a partisan decision made by the executive.
  • Directive to Political Parties: The ECI has issued directives to the BJP and Congress, asking them to ensure that their “star campaigners” refrain from making statements that could divide society by caste, community, or religion. This includes a specific reference to a complaint against Prime Minister Narendra Modi for his speech in Banswara, Rajasthan, and a directive to the Congress to avoid causing tensions between different castes and communities.
  • Actions Against Politicians: The ECI has acted against various politicians from different parties for their remarks or actions that allegedly violated the model code of conduct (MCC). This includes criticizing individuals and barring them from campaigning for specific periods. However, complaints against some high-profile politicians are still pending.
  • False Parity and Political Debates: The ECI is criticized for creating a false parity between legitimate policy debates, which impact social groups differently, and incitement of xenophobia for social polarization. The concern is that the MCC should not be used to suppress political debates and disagreements, which are essential to campaigning.
  • Importance of ECI’s Independence: The importance of reinforcing the ECI’s independence to ensure the integrity and credibility of elections is underscored. It argues that the ECI’s independence is central to the legitimacy of elections and should be a priority for all stakeholders in Indian democracy, including political parties and the judiciary.

THE WAY FORWARD:

  • Reform in the Appointment Process: Introduce a more transparent and bipartisan mechanism for appointing ECI members. This could involve a selection committee comprising members from different political parties, judiciary, and civil society to ensure that the appointees are widely accepted as impartial and competent.
  • Strengthening Legal Framework: Enhance the ECI’s legal powers to take decisive action against violations of the Model Code of Conduct (MCC). This could include the ability to impose more significant penalties on individuals and parties that engage in divisive or unethical campaigning.
  • Public Awareness Campaigns: Launch extensive public awareness campaigns to educate voters and political parties about the importance of maintaining decorum and the consequences of violating the MCC. This could help create a more informed electorate that demands higher standards from their political leaders.
  • Enhanced Monitoring and Rapid Action Teams: Technology could be utilized to monitor election campaigns more effectively, including social media. The ECI could set up rapid action teams to investigate complaints and take swift action, reducing the resolution time for reported violations.
  • Encouraging Civil Society and Media Involvement: Foster a collaborative environment with civil society organizations and the media to act as watchdogs alongside the ECI. This partnership can help identify and report violations more quickly and create a public discourse that discourages divisive and unethical campaigning.

THE CONCLUSION:

While the ECI’s recent interventions in curbing divisive electoral practices signify a move towards impartiality, they also highlight the underlying challenges in maintaining the sanctity of the electoral process. Strengthening the ECI’s independence is imperative for the health of Indian democracy, necessitating concerted efforts from all democratic stakeholders to safeguard the commission’s credibility and effectiveness.

UPSC PAST YEAR QUESTION:

Q. Discuss the role of the Election Commission of India, considering the evolution of the Model Code of Conduct. 2022

MAINS PRACTICE QUESTION:

Q. Despite its efforts, the Election Commission of India (ECI) has faced criticism for its perceived lack of impartiality and effectiveness. Discuss the challenges faced by the ECI in maintaining its independence and credibility. Suggest measures to reinforce the ECI’s role as an impartial watchdog of elections in India.

SOURCE:

https://www.thehindu.com/opinion/editorial/setting-the-bar-on-the-election-commission-of-india/article68204217.ece

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