Discuss the role of the Election Commission of India in light of evolution of MCC
Main Body
Discuss the role of the election Commission of India in light of evolution of MCC Supreme Court in Harbhajan Singh v. UOI Case introduced MCC. MCC is a set of guiding issued by EC to regulate the functioning of Political parties & its candidates. Evolution of MCC& Role of ECI: (1) Origin: 1st originated in assembly election of kerala in 1960 when State administration prepared a Code of Conduct for elections (2) By 1962: ECI circulated the Code for all recognized
political parties & governments, (3) 1991: Repeated violations of MCC, Corruption. Here ECI enforce MCC more strictly for eg: Retuk politicians Postponing elections Political parties started taking MCC seriously. ECI ensures that: a No one Shall use Cast, religion & c to improve voters, & Criticism of parties should be based on their past records, policies etc. only. b The time & venue of meetings should be Communicated to local police by parties. c the provision of party/candidates passing through an area do not Collide with other parties d on the polling day only the voters and permitted person should enter polling booth e ECI also appoints observers. f No new policies, populist measures are announced by ruling power parties during the period when MCC is in force.
Concerns: a No cap on party expenditure b No law to regulate political parties c On the polling day only the voters and permitted person should enter polling booth d ECI ensures that Independent of ECI Way forward: Forceful implementing of MCC is must. Give ECI power to punish for MCC violations. Amend RPA act. The procedural democracy of elections should be transformed into substantive one by giving more power to ECI viz. MCC.
Abhishek Singh
Salient Features of the Representation of People's Act
Elections
Model Code of Conduct
283
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analytical-prescriptive
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