It goes without saying that political leaders are meant to be exemplary citizens. Their conduct in public life should be a model for others. However, the Election Commission of India (ECI) does not want to take any chances during elections. In short, it does not trust the leaders and the parties they belong to.
That’s why there is a ’Model Code of Conduct for the Guidance of Political Parties and Candidates (MCC). According to the commission, the code is a set of norms which has evolved with the consensus of political parties, who have agreed to abide by its principles in letter and spirit.
In its order dated 9 February, the ECI held that the Union Law Minister Salman Khurshid, who has an added responsibility of ensuring the observance of the code in letter and spirit, has violated it. The charge against Khurshid is that in an election rally he promised that the Congress would ensure a sub quota of 9% for Muslims within the existing quota of 27% for other backward minorities classes (OBCs). Two days after the ECI’s order, Khurshid said that he would stick to his line, ”even if they hang me.”
Union law minister Salman Khurshid with Bollywood actors and Congress leaders Raj Babbar and Nagma during an election campaign meeting in Lucknow on Sunday night. PTI
Then the ECI petitioned the President of India, seeking her ”decisive intervention.” The President decided to pass on the petition to the Prime Minister. The model code has a section on the ’Party in Power’ and it puts a bar on ministers making promises. There is no bar on promises by parties not in power! The ECI’s logic is that offers by those in power would sound credible for the reason that it comes from those in power.
Even if his party took a vague stance on the issue, saying everyone has to behave within the norms, the question remains, can’t Khurshid as a member of the Congress party have the right to talk about the policies and programmes that will be adopted if his party is voted to power?
Khurshid studied in St Edmund Hall, Oxford University and taught law at Trinity College. When not a minister, he argues cases in the Supreme Court. When he says ”even if they hang me”, it indirectly means the ECI does not have the power to hang even his effigy. This fact was underlined when even after a censure Khurshid stuck to his line and the ECI went all the way to the President.
If Khurshid is not willing to be tamed, can the ECI do something about it? The answer is No. The Model Code is a commandment of “don’ts”. But it is not clear what will happen if a minister does something that is in the list of don’ts. That’s why the Commission cried foul and helplessly went to the President with a petition marked ’top most priority.’ Then the EC argued that it is a grey area when it comes to punitive powers under the model code and that adverse publicity for the minister will serve as a kind of severe indictment.
It is high time the ECI had a thorough re-look at the model code. First of all, its clauses are arbitrary; secondly, it is toothless. Most of the time the code does not serve any purpose than generating news story for newspapers and TV channels. Interestingly, there is another set of ’Code of Conduct for Television Broadcasts.’ Is anyone bothered about this second set of codes? Though there is a ”ban on exit polls” many a TV channel aired surveys during the first and second phases of polls in UP.
One day before the ECI’s order censuring Khurshid, the Allahabad High Court issued notices to two TV channels for violating the ban. Luckily the Court order was on the basis of public interest litigation and not because of any petition from the Chief Election Commissioner’s office.