Sadly, Election Commission is No Chowkidar

| Vikas Khanna, Senior Journalist, Delhi-NCR - 17 Apr 2019

Sadly, Election Commission is No Chowkidar

By Vikas Khanna

Why have there been increasing instances of candidates openly flouting the Election Commission’s model code of conduct? Is the Election Commission really empowered to stop this menace?

New Delhi, April 17, 2019: If the political discourse has reached an abysmal low this poll season, the Election Commission will have to apportion blame as it has failed miserably to redeem its reputation as a watchdog.

Its conduct since the model code of conduct came into effect after the announcement of dates for the general elections leaves much to be desired.

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That it allowed free run to some of the politicians to continue with their irresponsible remarks during the campaigning does not augur well for the institution.

Had the Election Commission used the discretionary powers that it enjoys, not only could it have reined in imprudent forces, it could also have escaped censure from the Supreme Court of India.

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It took the rap from the country’s top court for the Election Commission to finally act against some of the lumpen elements who have brought shame not only to themselves but also to the political parties they represent.

It is a terrible loss of face for the institution which has been described “toothless” by the Supreme Court for failing to act against politicians breaching the model code of conduct through hate speeches and appealing for votes in the name of religion.

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The apex court rebuke not only puts the election watchdog in a poor light, it also raises questions of its conduct while ensuring free and fair elections.

Being a constitutional authority, Election Commission is amongst the few institutions which function with both autonomy and freedom, but sadly it has not lived up to its image.

Even its decision to ban Union Minister Maneka Gandhi and Bahujan Samaj Party leader Mayawati from campaigning for 48 hours and Uttar Pradesh Chief Minister Yogi Adityanath and Samajwadi Party leader Azam Khan for 72 hours for violating model code of conduct came following the Supreme Court displeasure.

Critics view the above mentioned leaders have been let off easily whereas harsher punishment needed to be meted out to them for the severity of their misdeeds. The EC action clearly shows that it does not have the spine to take on the erring leaders.

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Over the years, the healthy debate has given way to theatrics with candidates sparing no efforts to grab the attention of the prospective voters with the media and experts also contributing to the democratic theatre going near hysterical.

The near abandonment of normal political discourse and rise of nauseating campaign has, no doubt, led to a frenzy paying rich dividends, but the political process is a clear loser.

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There seems to be a sinister design by political parties to raise such frivolous topics so that the real issues affecting the common man remain buried under the carpet and the failings in their performance delivery get deflected.

It is not that only leaders of one political party are offenders. The entire political class seems to be obsessed with this crass stagecraft leading to politics of devaluation.

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It does not bode well for the largest democracy in the world. As the electioneering turns more vitriolic with leaders unabashedly hitting below the belt, the Election Commission has a moral duty to ensure that political leaders and their parties don’t cross the ‘lakshman rekha’.

But at a time when there is a critical loss of moral or ethical values, the model code of conduct needs statutory backing.

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In the absence of statutory support, the model code of conduct is largely persuasive in nature leading to offenders getting away with minor reprimand from the Election Commission whenever it receives any such complaint of violation of code.

With political parties and their leaders paying scant respect to such advisories, there is an urgent need to arm the Election Commission with legislative powers to ensure the model code of conduct.

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There should be a provision empowering the Election Commission to debar a candidate from contesting the elections if he or she is found guilty of repeat offence.

There is no doubt that the Election Commission has, from time to time, tried to bring improvements in the political process, but there is a long way to go before the Indian election system is cleansed of all the ills.

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An Election Commission petition pending before the Supreme Court seeking a life term ban on MPs, MLAs from contesting election after being convicted in criminal cases is one such noteworthy step.

The existing law disqualifies politicians sentenced to a jail term of two years or more from contesting elections for six years from the date of release from prison.

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If the Supreme Court gives a favourable ruling to the EC petition and the parliament enacts such a law, it will lead to decriminalisation of politics.

With the Election Commission found floundering in strictly implementing the moral code of conduct, there is an urgent need for parliament to come up with an effective law to restrain candidates from hate speeches and seeking votes in the name of religion. The country cannot wait for clean politics any longer.

(The author is a senior journalist and columnist. He has worked with several newspapers, news agency and television news channel in his 30 years career. Presently, he is a guest faculty at Indian Institute of Mass Communication and also writes commentaries on national and international issues. Contact at khanna.vikas@gmail.com)

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