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. 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.
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. 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.
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. 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. 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.
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. 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. 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. 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.
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