In the March of 1950, a civil servant in West Bengal is commissioned with a herculean task.
Appointed as the chief election commissioner, Sukumar Sen is entrusted to orchestrate the first ballot for 176 million strong electorate of newly independent India
He succeeds. The largest electorate in the world exercises its democratic right to vote
10 years later, election officials and political parties in Kerala come together during the assembly elections and pen down a DOs and DON’Ts list for electioneering
Add 2 more years and Chief Election Commissioner K.V.K. Sundaram circulates this brief to all parties contesting in the 1962 Lok Sabha election
This list - a moral obligatory set of rules gets consecrated as the ‘Model Code of Conduct for Guidance of Political Parties and Candidates’
The evolution of the Code continues. In 1979, an additional section gets added that outlines monitoring of conduct of the ‘parties in power’
But it is under the iron-handed administration of Election Commissioner T.N Seshan that cements the mould. Under Seshan’s electoral reforms, the Code is for the first time effectively implemented in the 1991 General Elections
30 years later, we struggle with effective implementation, scrutinising the very existence of the Code
It is after all, a moral set of rules. And when the game is who-gets-the-UP-throne, rules get broken
Simply put, the Model Code of Conduct is a set of directive guidelines expected to be abided by political parties, their candidates and campaigners to ensure free and fair elections
Implemented and ensured by the Election Commission, the Code goes into effect the day the polls are announced and stays into effect till the results are formally declared
Divided into 8 provisions, the Code deals with the general conduct, meetings, processions, polling day conduct, polling booths, observers, regulation of parties in power and election manifestos
For example, under the General Conduct, the Code prohibits candidates from any activity which may aggravate or cause tension between different communities. It prohibits appeal to caste or communal feelings for securing votes. It asks parties and candidates to refrain from criticism of opposing candidates’ private lives, unverified allegations or distortions. Candidates are asked not to distribute liquor or sway voters with freebies
For Meetings and Processions, the Code dictates that the parties or candidates should inform
local police authorities of the venue and time of any meeting well in time
In order to ensure that the government machinery is not exploited by the ruling government, the Code prohibits ministers from using official equipment, employees or modes of transportation to promote interests of any political party or candidate
It prohibits transfer or posting of officials directly or indirectly involved in the election's conduct
Misuse of media and advertisement at the cost of public exchequer is also prohibited
The Code says that the ruling government may not lay any new ground for projects or schemes if no work has begun on it
The goal is to prevent election malpractices and corrupt activities
An ambitious and difficult goal
The Model Code of Conduct went into effect on 8th January in Uttar Pradesh. By January 19, just 11 days, 143 cases were already filed against different candidates for violation of the code
Congress’ Nadeem Javed and Samajwadi Party’s Imran Masood were the early birds
In less than 72 hours of the Code being into effect, over 9 lakh campaign items such as posters, banners, hoardings etc were removed. 10,007 licensed arms were deposited with the police department, 9 were confiscated and 4 were cancelled
Excise department seized 6,588 litres liquor worth ₹15.58 lakh
That sounds like the Code works right?
Well…
Violation of the code in itself is not punitive
First, the Code is not enforceable by law. Certain provisions can be enforced by using other statues of the Constitution
Second, the Election Commission has no judicial capacity to penalise the violators
For example, bribing voters is both a Code violation and illegal activity under the Indian Penal Code
The Commission can only send a show-cause notice to a candidate on the charge of indulging in bribery. The candidate then has to reply to EC in writing either accepting or rebutting the charge
An FIR is more effective to cease illegal activity
The Code also does not specify the severity of punishment for different violations. 72 hour ban for a hate speech or less? 24-hours or more for a convoy without permit?
Also, once the results are out, it becomes difficult to follow prosecution for electoral offences
This arbitrary nature of the Code has always emboldened parties and individuals into violating the code without any fear of repercussions
The solution has often been touted as a legal status for the Code, i.e turning the Model Code of Conduct into law
However, the Election Commission remains reluctant - and they have a good argument. Not being under a statute gives them the advantage of ‘quick’ action. They are the judiciary and the executive - it allows minimal interference from the legislature.
But, does a moral obligation to play by the book works in the UP playground?
We repeat, an ambitious and difficult goal.
