The Seshan effect is badly needed now. It is not difficult to replicate provided the sense of responsibility and strong willpower prevail.
– Mohammed Atherulla Shariff
“We decline comment,” a poll panel spokesperson said on queries related to the Prime Minister’s April 21 speech in Banswara.
Over 17400 citizens have written to the Election Commission to take action against Prime Minister Modi for the hate speech for violating the Model Code of Conduct (MCC). The letter said Modi’s use of pejorative language against Muslims in a bid to seek votes “seriously undermines India’s stature as the ‘Mother of Democracy’ in the world”. It is in reaction to various speeches by Modi, especially the one in Banswara, Rajasthan on April 21, where he alleged that the Congress manifesto speaks of distributing citizens’ wealth among “infiltrators” (read Muslims) if voted to power.
The speech made by Modi “has disturbed the sentiments of millions of Constitution respecting citizens of India,” the group said in a petition to the poll panel. “The speech is dangerous and a direct attack on the Muslims of India.”
“The Election Commission’s failure to take any action against such hate speech will only undermine its credibility and autonomy that has been safeguarded and upheld by a series of exemplary officers before you,” the petition read.
Former top bureaucrat E.A.S. Sarma, in an open letter to the Election Commissioners, has drawn their attention to Prime Minister Narendra Modi’s recent remarks in Tamil Nadu, while attacking the INDIA bloc.
Quoting a para from Modi’s election speech where he accused the INDIA bloc of “targeting Hindus”, the former secretary to the Government of India, while hyperlinking a report, said: “If what has been reported is factually correct, the Commission should act on this urgently and initiate deterrent, exemplary proceedings against the person making such a statement.”
He said the cited statement “also amounts to a hate speech that tends to incite people and the Commission should take appropriate action”, as such statements “tend to tilt the level playing ground unduly in favour of the ruling political party at the Centre.”
“I hope that the Commission acts urgently, decisively, without fear, as per its mandate under Article 324 to conduct elections in a free and fair manner,” he concluded.
He has addressed all the three commissioners – Dr Sukhbir Singh Sandhu, Gyanesh Kumar and Rajiv Kumar.
The Election Commission should ensure a level playing field for the political parties in election fray, through strict observance by them of a Model Code of Conduct evolved with the consensus of political parties. Further, the cases of persons found guilty of corrupt practices at elections which come before the SC and High Courts are also referred to the Commission for its opinion on the question as to whether such a person shall be disqualified and, if so, for what period.
Can the Supreme Court take suo moto action?
The Supreme Court on May 8, 2019, had said that it cannot examine the merits of the orders passed by the Election Commission of India (ECI) that give clean chits to Prime Minister Narendra Modi and BJP President Amit Shah in the petition filed by Congress MP Sushmita Dev.
This is because the petition filed by Dev was against the inaction of the ECI in dealing with the complaints of alleged violations of the Model Code of Conduct by Modi and Shah in their election speeches; since the poll panel has disposed of all the pending complaints against Modi and Shah, the merits of the orders can be challenged only in an independent petition, said the CJI-led bench.
In the same period, a Congress lawmaker from Silchar had filed an additional affidavit alleging that the ECI had not applied its mind properly in the complaints, and that the orders were passed belatedly in order to give undue edge to the ruling party.
The ECI is also adopting double standards, as it has acted against similar comments made by other leaders while letting off Modi and Shah, she added.
The poll panel had also given a clean chit to PM Modi for two of his speeches – one in Latur in April 2019 urging first-time voters to dedicate their votes in the name of Balakot airstrike heroes and soldiers killed in the Pulwama attack, and the other in Wardha slamming Congress chief Rahul Gandhi where he had also indicated that the Kerala constituency had more voters from the minority community.
Neelam Pandit, Assistant Professor at MIT, Pune, writes in News Click, that additional reforms are required concerning the qualifications of members, the decision-making processes of the poll body, the rigorous and impartial enforcement of the Model Code of Conduct and acting against media violation.
However, the recent controversies have tarnished the prestige of the commission and its high-ranking officials.
The quest of our citizens is for an election commission that stands resolutely independent and insulated from executive influence. As a guardian of democracy, it is incumbent upon the commission to continually strive for transparency, integrity and inclusivity in electoral procedures, thereby fortifying the democratic ethos of the nation.
Election is a game political parties play, 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.
Reminding Its Advisory to Self
Ahead of the Lok Sabha elections that the country is undergoing, the ECI has released an advisory for the political parties, candidates and star campaigners where it warns them of stern action in case of direct or indirect violation of Model Code of Conduct (MCC) which has come or is expected to come into effect phase-wise. The Commission itself needs to be reminded of the advisory:
“The Election Commission will assess any indirect MCC violations as per advisory as a fair basis to rework the notices to be given in terms of time and content in issue in the forthcoming elections. For the general election to the Lok Sabha and four state Legislative assemblies, all phases and geographical areas of the elections shall be the basis for determining “repeat” offences,” asserted the Commission in its advisory.
EC has urged parties and candidates to maintain decorum and utmost restraint, raise the level of election campaign to issue-based debate. The Commission has urged all the political parties, their leaders, and the contesting candidates to remain within the confines of the MCC and the legal framework. It has been emphasised that any genre of surrogate or indirect violation of MCC and surrogate means to plumate level of the election campaign will be dealt with stern action by the Commission.
“Political party leaders designated as “star campaigners” under Section 77 of the Representation of the People Act, 1951, deliver speeches during significant political rallies.
“It is essential to interpret this within the framework of harmonious and purposeful construction, as the Model Code of Conduct (MCC) and statutory provisions of the Act complement each other. Therefore, while enjoying the privileges granted by Section 77, star campaigners also bear the responsibility of upholding the highest ethical standards during election campaigns.”
T.N. Seshan, the tenth Chief Election Commissioner of India, who cleaned up the Indian electoral system, is badly remembered now.
As CEC, he saw to it that the model code of conduct was taken seriously by political parties and candidates.
The responsibility of a Chief Election Commissioner is not only to run the electoral process efficiently but also to identify and implement ways and means by which the electoral process would improve. In fact, one aspect of the responsibility cannot be separated from the other, he wrote in his autobiography “Through the Broken Glass”.
India Today, in its article dated December 15, 1993, reflected violence-related statistics, showing a near 80 percent fall in booth capturing and 90 percent fall in deaths in comparison to the data for the 1991 elections. It went on to read:
[…] Seshan’s big stick clearly motivated the police forces in all the states going to the polls to wield their own sticks with more than the usual zeal and uncharacteristic good judgement. In Uttar Pradesh alone, some 50,000 history-sheeters were given the choice of filing for anticipatory bail or facing preventive detention.
The Seshan effect is badly needed now. It is not difficult to replicate provided the sense of responsibility and strong willpower prevail.
