ECI Mulling Measures In A Bid To Address Opposition Concerns On Alleged Misuse Of Central Agencies

Following the scandalous revelations surrounding Electoral Bonds, the Election Commission of India, ECI is currently deliberating on methods to tackle the apprehensions voiced by opposition parties within the INDIA bloc.

They are particularly concerned about the perceived “erosion of the level playing field” attributed to what they deem as the “blatant and audacious misuse” of central agencies by the ruling BJP-led government.

Hence, it is understood that the ECI might soon issue an advisory to address this matter.

In light of recent events, there is a growing realization within the ECI that legal and constitutional interpretations offer limited scope for the panel to take decisive actions.

However, the Commission is also cognizant of the concerns raised by the INDIA bloc and acknowledges its own responsibility to ensure fairness in the electoral process.

Thus, the ECI is contemplating whether to issue a strong advisory to the Central government or to communicate directly with the relevant agencies. There are indications that the panel is in the process of drafting such a communication.

Notably, during the 2019 Lok Sabha elections, the ECI had issued an advisory to enforcement agencies, urging them to maintain neutrality and keep the Commission informed about their activities.

This advisory was prompted by a report from the then chief electoral officer of Madhya Pradesh, who informed the ECI that he was only informed about income-tax raids in Bhopal and Indore several hours after their occurrence.

In response, the ECI emphasized the importance of impartiality in all enforcement actions during elections, regardless of their intent to address electoral malpractice related to the influence of money power on voter behavior.

The advisory, dated April 7, 2019, underscored the necessity for enforcement actions to be neutral, impartial, and non-discriminatory.

Displeased with the response received from the Central Board of Direct Taxes (CBDT) regarding its advisory and specific communication, the Election Commission even expressed its dissatisfaction in a direct meeting with the then CBDT chairman PC Mody and revenue secretary AB Pandey.

The INDIA bloc recalled the Election Commission’s 2019 advisory in a memorandum submitted last week following the arrest of Arvind Kejriwal.

They spotlighted a series of actions taken by central enforcement agencies against Opposition leaders just before the Lok Sabha polls, urging the ECI to establish a mechanism for vetting such arrests and raids during the model code of conduct period.

Opposition parties also cited the arrest of former Jharkhand chief minister Hemant Soren and the recent freezing of Congress’ bank accounts.

Separately, AAP has written to the ECI regarding Kejriwal’s arrest and has requested time to present its grievances, including the barricading of its office during the election period. It’s gathered that the ECI is also aware of this concern.

The Viewpoint
While acknowledging the Election Commission’s recent action as a positive development, it’s essential to address the broader context.

Despite this move, concerns persist regarding the impartiality and independence of various governmental agencies in the country.

It’s widely observed that institutions such as the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), and even the judiciary are perceived to be under the influence or control of the ruling (any) government.

This perceived alignment with the ruling party raises apprehensions about the fair and unbiased functioning of these agencies, particularly concerning their actions during critical periods like elections.

There have been many instances where these agencies have been accused of not being independent and highly influenced, thereby raising questions about their neutrality and integrity.

The concentration of power within the ruling government over these institutions undermines the principles of checks and balances that are crucial for the functioning of a democratic system. It not only affects the credibility of these agencies but also erodes public trust in the democratic process.

Addressing this issue requires a concerted effort to strengthen the autonomy and independence of these institutions, ensuring that they operate without fear or favor, regardless of the political (ruling) party.

Without such reforms, the concerns regarding the undue influence of the ruling government over governmental agencies are likely to persist, potentially undermining the democratic fabric of the nation.

As India prepares for the upcoming Lok Sabha elections in 2024, the activation of the Model Code of Conduct (MCC) accompanies the Election Commission of India (ECI) ‘s announcement of voting dates, signifying a pivotal aspect of electoral governance.

Originating from the assembly elections in Kerala in 1960, the MCC has undergone a transformative journey over the past six decades, evolving into its present form, as stated by the Election Commission of India (ECI).

What Does the Model Code of Conduct Entail?

The MCC functions as a set of guidelines unanimously embraced by all stakeholders engaged in the electoral process.

Its fundamental aim is to ensure that electoral campaigns, polling, and counting unfold in an organized, transparent, and peaceful manner. Additionally, it acts as a mechanism to prevent any misuse of state machinery and financial resources by the ruling party.

It’s noteworthy that while the MCC lacks statutory backing, it has been endorsed by the Supreme Court on numerous occasions.

What Actions Are Restricted Upon Implementation of MCC?
Upon the announcement of Lok Sabha election dates, ministers and other authorities are prohibited from announcing financial grants or making commitments in accordance with the guidelines outlined by the election panel.

Simultaneously, once the Lok Sabha election dates are disclosed, ministers and other authorities face restrictions on laying foundation stones or initiating projects or schemes of any nature, barring civil servants.

No projects or schemes that could potentially influence voters in favor of the ruling party can be announced subsequent to the enforcement of the Model Code of Conduct.
Additionally, ministers are barred from utilizing official machinery for campaign purposes.

Official visits must remain devoid of any electioneering activities following the activation of the Model Code of Conduct. Moreover, the utilization of official machinery or personnel for electioneering purposes is strictly prohibited.

Ministers and other authorities are prohibited from authorizing grants or disbursements from discretionary funds once the elections are declared.
According to the directives of the Election Commission of India (ECI), the use of official machinery or personnel for electioneering purposes is strictly forbidden.

Government accommodations must not be repurposed as campaign headquarters or utilized for hosting public gatherings for election propaganda by any political party, as mandated by the electoral body.

During the election period, the Election Commission of India (ECI) forbids the placement of advertisements in newspapers and other media outlets at the expense of public funds.

The MCC guidelines emphasise the need to refrain from misusing official mass media for biased coverage of political news and publicizing accomplishments to benefit the ruling party.

While the Model Code of Conduct (MCC) has been instrumental in regulating electoral behavior, discussions regarding its legal foundation have emerged over time.

Former Chief Election Commissioner SY Quraishi advocated for the MCC’s legalization during his tenure, stressing the necessity for stringent legal repercussions against violators.

The MCC imposes various constraints, including preventing the ruling party from leveraging its official position for campaign endeavours.

Ministers and government authorities are prohibited from announcing financial grants or launching projects that might sway voters in favour of the ruling party.
Additionally, the use of official machinery for campaign activities is strictly forbidden.