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The Election Commission’s first ever notices to political parties for alleged Model Code of Conduct (MCC) violations by their star campaigners marks a significant shift in the institution’s response to such complaints.
In the past, the EC has sent general advisories to parties but whenever there is an MCC violation complaint against an individual, the notice goes to the individual rather than the party.
This time, however, the EC has sent notices to BJP and the Congress on complaints against Prime Minister Narendra Modi and Rahul Gandhi. In the notices, it has underlined that individual star campaigners are responsible for their own speeches and the EC may, on a “case-by-case basis,” hold political parties accountable for any MCC violations by their campaigners.
During the ongoing campaign for the 18th Lok Sabha polls, all MCC notices issued by the ECI so far have been served directly to leaders, including Dilip Ghosh of the BJP, Supriya Shrinate of the Congress, AAP leader Atishi, and Congress leader Randeep Surjewala. None of their parties got a notice. Surjewala is a star campaigner for the Congress in select states.
But on complaints against Modi and Gandhi, the poll watchdog has reserved the discretion to seek response to an MCC complaint from the political party rather than the candidate.
Asked about this, a top EC official said: “We are raising the pitch to make parties responsible. This is an additional step. This is part of our calibrated approach to MCC complaints. This doesn’t absolve the individuals.”
When asked if EC would, at some stage, seek responses directly from Modi and Gandhi, the officer said, “Let’s wait for the party’s response.”
A former Election Commissioner said that the EC’s move is fraught. “If you issue a notice to a party for the comments of a leader, how much of a room do you have to act against the leader?,” he told The Indian Express. “Also, let’s say the party’s reply is unsatisfactory. What action will you take against the party? Their intent with this (move) is not clear.”
The change in EC’s stance is more significant against the backdrop of high-profile political leaders who have been served notices directly by the Commission for MCC breaches in the past.
Be it Sonia Gandhi in 2007 during the Gujarat Assembly election or Modi in November 2013, or Amit Shah in 2014 when he was BJP General Secretary, all were issued notices directly by the EC.
However, it’s pertinent to note that no sitting Prime Minister, to date, has been issued a notice on a MCC violation complaint.
According to an EC official, Thursday’s notices are a part of a “calibrated approach” that Chief Election Commissioner Rajiv Kumar had announced during his press conference on Lok Sabha elections on March 16, where tougher actions would be taken against campaigners who are “repeat offenders.”
“The level of responsibility is not only being raised, but being legally linked to that of the political party to whom the star campaigner belongs. Even political party at the time of their registration with the Election Commission commit to stick to the ideals of the Constitution and we have reminded them about it,” the official told The Indian Express.
