Political Diary

New Delhi, 28 November 2023

Toothless EC, Netas Merry

TIME TO TAKE ACTION

By Poonam I Kaushish 

In this theekha-masaledar just concluded electioneering season our netagan are reveling in neechi and tuch under-the-belt vitriolic language, putrid entertainment swaying to the heady tinkle of money, cheap thrills and seetees. In the hope this will bring them political tripti! 

Welcome State Elections 2023 wherein immorality and perversion of political discourse were flavour of the season. From desh bhakts to desh drohis. The ball was set rolling by Prime Minister Modi who called Congress’s Rahul “moorkhon ke sardar” who countered with “PM matlab Panauti Modi aur jebkatra.” Congress President Kharge added his two bit worth, “PM ka baap betha unhe bhi jhoot.” Shot back Home Minister Shah, “Gandhi family is Rahu-Ketu of India…Rahul-Priyanka have their roots in Italy.”

AAP’s Kejriwal took it one step further by posting on X a satirical narration of Modi misusing ED to favour Adani and his photo superimposed on Adani’s stating, “I work not for people, but master,” earning an EC notice. AIMM Owaisi took the cake, “Koi maee ka lal pedha nahi hua jo mujhe rok sake…Modi RSS ka peelu hai…. ishara kar diya toh dorana padhega.”

Frankly, I am not surprised as our netagan are only showing their girgit true colours throwing all decency and decorum to the winds! Gone are days when jibes and trolls were funny or sarcastic and leaders took them in their strides. Bringing things to such a pass we are accustomed to sleazy tu-tu-mein-mein between opponents, of dirty linen being increasingly washed in public. More vulgar the better, dil maange more!

Obviously, the blame lies squarely with Parties whereby the Election Commission’s (EC) Model Code of Conduct (MCC) has become the most potent missile in the arsenal of political rivals and jaani dushmans. With none caring a damn for its seven Dos and Don’ts about general conduct, meetings, processions, polling day, polling booth observers and Party in power.

Quick to complain, all shy from demanding the same discipline for crude and repulsive swipes at rivals. Barring a warning or ban on electioneering for two-three days, the EC’s action against hate speeches totals a mere rap on the knuckles. After all, how would their art of double-speak succeed if preachers of morality were to start practicing it? Polls mean scoring brownie points against rivals, forget EC reading the riot act under MCC. Ends matter not the means.

Culprits? All Parties even as a helpless EC only expresses its “displeasure” and sends a show cause notice to Rahul on his language as it falls in the equity of the prohibition of Section 123 RPA dealing with corrupt practices. Clause 2, sub section (ii) states any person who induces or attempts to induce a candidate or elector to believe he or any person in whom  he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of electoral right of a candidate or elector.  

To Kejriwal it averred, the spirit of MCC is not only avoidance of direct violation but also prohibits attempts to vitiate electoral space through innuendoes which harm public tranquility. It merely asked AAP to explain its action. Sic.

Questionably, why shouldn’t there be immediate action, considering there is no point acting against complaints post polls? Moreover, going by the low conviction rate, are MCC cases purely symbolic? Would cases stemming from such FIRs gain more strength if the Code was legal? Would it justify giving statutory status to all MCC stipulations as suggested by the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in 2013?

Experts aver the model code purely hinges on morality, not fear of law. Since poll campaigns are turning uglier, more personal and combative, the moral obligation entailed in MCC could really bear down heavily on candidates at a time when they are trying to show voters how upright and competent they are for the job.

Also, many leaders favour making MCC legally tenable as it clears them of morality during elections. When the EC issues show cause notice to a candidate, he has to respond within 48 hours. This is a deterrent unlike a case against a candidate in court which might linger, giving him benefit of doubt. Also, this prevents one from seeing the Code as only voluntary, a reason why the 2013 Parliamentary Standing Committee suggested the remaining stipulations be accorded statutory backing.

Alas, it is not this election alone, the story is the same every election wherein EC is grappling with the same questions. And by the time it arrives at an answer, votes have been cast. So what happens to violations of the MCC? Zilch. They die a natural death.

Sadly, the truth is that MCC is only a voluntary compact arrived between EC and Parties and has no statutory binding. With Parties and candidates wantonly violating it, EC is powerless. Asserted a senior official, “The Code lacks legal sanction and is intended to work as a moral policeman to ensure free and fair elections. We can only freeze a Party’s election symbol or derecognize it as a national Party. Nothing more, nothing less.” Bluntly, one can merrily violate MCC wantonly and yet get elected to Lok Sabha and Assemblies.

Clearly, the time has come to take a good fresh look at the Code of Conduct and recast it. Importantly, there is urgent need to convert it into a law with EC having power to take punitive actions.

Confessed another EC official, “Even as EC is lauded for the remarkable way it conducts polls, that too without many complaints of rigging or other poll irregularities, we are hamstrung vis-à-vis MCC.  Presently our power is restricted to poll violations by Parties and cannot always be used. The Commission cannot withdraw the symbol every time.

“On individual candidates who violate the Code, EC could think of imposition of monetary penalty, disqualification and in extreme case countermand the election. Unacceptable behaviour by our polity should be adversely publicized and Government and Parties should publicly reprimand their candidate. But first we have to give more teeth to EC. Notwithstanding, that MCC might never become law as there are too many political interests aligned against it.”

It is simply stupid to lament about falling standards of morality in politics in these bad times. At the end of the day, it matters little who wins elections as we the people are the ultimate losers. As the system, Government, politicians and politics, everything is game to deprive the aam janata of a better life.

As India votes we must not allow ourselves to be taken for granted any more. We must demand statements which are unwarranted and unhealthy for our democracy not be used along-with insisting electoral reforms be implemented soon to make our democracy truly representative. Stop voting for shameless, self-serving netas who put a premium on immorality. It is high time the EC steps in and takes action.

Or will it allow licentiousness to be the bedrock of India’s democracy? Can a nation be bare and bereft of all sense of morality? And, for how long? Think. ---- INFA

(Copyright, India News & Feature Alliance)