Election Commission acts swiftly on violations ahead of Lok Sabha polls 

On March 16, hours after the announcement of the Lok Sabha polls, the Election Commission directed the central and state governments to remove unauthorised political advertisements from public spaces. On March 20, the Commission, following reports of non-compliance, asked for confirmation of full compliance by 5 pm the next day. This would suggest the narrow window and urgency that election managers had, that other stakeholders may fail to appreciate.

Fast Action

On March 18, the EC transferred the home secretaries of Gujarat, Uttar Pradesh, Bihar, Jharkhand, Uttarakhand and Himachal Pradesh and the Director General of Police in West Bengal. Several DMs and SPs belonging to four states were transferred on March 21. One witnessed a spate of such transfers during the recent series of five assembly elections.

The Critical Code
These directives mark the coming into effect of the model code of conduct (MCC). In six decades of its existence, the code constructed by the consent of political parties, has become the face of the conduct of elections. Some provisions may have the backing of the law. The code exercises moral authority to keep campaign behaviour on track. Often, the EC is judged by the way it enforces this code.

Besides spelling out the desired conduct for parties and candidates, and seeking to stop hate speeches, caste or religious appeals, criticism of private life, the code stipulates conduct for meetings, processions, and polling days. It now includes guidelines on election manifestoes, asking for more credible promises after concerns over freebies.

Levelling the Field

A sizeable part of MCC applies to the party in power. Ministers cannot combine official work with electioneering. There can be no grants or announcements, no adhoc appointments, no foundation stones laid and no undue preference in guest houses and hiring of public facilities. The Cabinet secretary and state chief secretaries have been asked to make sure that official vehicles are not used for political activity, and photographs of political functionaries removed from official websites. By deflating the official apparatus attached to a minister, the attempt is to make him an equal, and not more than equal.

The Election Commission prides itself on having zero-tolerance against any damage to the level playing field. Action has been taken against a Union minister from Karnataka for alleged MCC violation. The Commission directed immediate stoppage of delivery of WhatsApp messages to the public on the Centre’s Viksit Bharat campaign. This week, it put two seniors in the biggest two nationl parties on notice, for reported comments affecting dignity of women. This should be an assurance to those worried about the advantage of the party in power.

Citizen Vigilance
The EC has come up with cVigil or citizen vigilance mobile application that supports recording, reporting and resolving complaints of model code violations and about distribution of freebies, cash, liquor, etc. Complaints are legally sustainable and can remain anonymous. In 10 days since the model code came into force, over 53,000 complaints have come through cVigil and most of them disposed of. In the last five assembly polls, 48,300 violations were reported through the application, 21,500 of which were for putting up posters without permission. Others were for campaigns during ban period, hate speech, unauthorised use of speakers and vehicles. Over 5,800 complaints were related to the distribution of liquor, money and freebies. More than 80% of these cases were resolved within the 100-minute timeline promised by the EC. The Commission has been seeking citizen collaboration through this platform to prevent election misconduct.

Words Fair and Foul
Politicians are often skilful demagogues; they resort to allegations, satire, sarcasm, and innuendo in building a discourse that triggers people. The MCC that disallows provocative statements and abusive language becomes easy casualty in the process. The Commission has noticed trends “destabilising the decorum of political discourse”. Surrogate or indirect violations have emerged as bigger worries than direct violation. Earlier this month, after studying the pattern of past MCC violations, the Commission warned political parties against such surrogate means.

The Dilemmas
An expanded understanding of the MCC and level playing field can have its own dilemmas. The instant arrest of a chief minister, also topmost leader of a national party, is a tight rope between management of the electoral landscape and the imperative to deal with crimes, with long and complex background, intertwined with the judicial processes. Article 324 provides the Election Commission with sufficient powers to deal with contingencies during the election period; and the apex court has in various judgements endorsed this. But this discretion is precious and needs to be carefully used.

For buttressing the model code, alertness and introspection among media carriages, especially social platforms is necessary. If voluntary code of ethics working among platforms does not prevent fake news and misinformation, and vilification and personal insults reign the digital domain, there could be a necessity to upgrade it to a model code.

Early Bite Helps
MCC compliance in the state elections in November-December was decent. EC notices to two top-ranking leaders had an effect, one of them a chief minister. The clutter that the Commission wishes to avoid can precipitate with 2,800 registered political parties at play. Election is their game, and they would like to win. But to call foul a foul is the umpire’s job. Even festivals like Holi and Diwali follow certain decorum, so should the festival of democracy. Showing red and yellow cards early yields better chances of players playing fair.

The writer is a former Director General, Election Commission of India