Election commission of India is considered as a watchdog of Indian democracy as it ensures “Free and Fair election” as per the provision of Article 324-329 of Indian constitution.
To ensure Free and Fair election, ECI has drafted Model code of Conduct in 1960’s which talks about, General conduct Like:
- No appeal to caste or communal feelings for securing votes
- No political party or candidate shall permit its or his followers to make use of any individual’s land, building, compound wall
Evolution of role of ECI:-
- The Election Commission is appointing Observers. If the candidates or their agents have any specific complaint or problem regarding the conduct of elections they may bring the same to the notice of the Observer.
- Issued Guidelines that The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution.
- In case of single phase election, manifesto shall not be released during the prohibitory period, as prescribed under Section 126 of the Representation of the People Act, 1951.
- ECI also takes measures like issuing advisory cautioning the candidates from campaigning for a specified period of time or even initiation of a criminal complaint.
- ECI powers extend to postponing elections to any constituency, cancelling an election already notified, and even to abrogate or annul an election already held.
- Supreme court remarked MCC an equalizer lost in implementation.
What amendments are required in RPA:
- Section 29(b): To deregister Political parties.
- Section 126 A: Amend Section 126(1) of R P Act to impose the “campaign silence period” on print, electronic media and intermediaries.
- Sec 76 – 78: Electoral bond, state funding, ceiling on expenditure by parties.
Way Forward:
- MCC must backed by statutory power.
- MCC must specify type of punishment that may arise from violation of its provisions.
In a constitutional democracy, elections provide an opportunity to ascertain the popular will hence ensuring they are free and fair is prerequisite.