Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct.
Main Body
Model code of conduct refers to a set of guidelines, what are mutually accepted by political parties, recognised by Election Commission of India, to ensure free and fair conduct of elections. Evolution of Model code of conduct: (1) 1967 - accepted as a set of do's and don't in Kerala Assembly elections. A 1970 - ECI accepted it as a set of guidelines at assembly election level as well as at the general elections. (3) 1992 - UCC of drafted by election commission of India in its present form.
2003 - demand for statutory recognition of Model code of conduct. However, ECI has rejected the idea for granting recognition by law to Model code of conduct for following reasons: (1) If MCC becomes a law => the breach of MCC will have to follow no prolonged legal procedure => delay in omission and hampering the short election process of 45 days. (2) If MCC is granted statutory recognition, the power of ECI to deal with its violations will reduce => at present, ECI deals with flouting of MCC by technological mean like e-vigil app, Stuffing squads etc.
e-vigil app, stuffing squads etc. challenges of ECI => 1) Toothless - per vient breaches of Model code of conduct. eg: NAMO TV 48 hours prior to elections. 2) Partisan accusations on ECI => is it dependent on government machinery => united autonomy => bias towards ruling party. 3) Lack of adequate manpower to resolve all violations of MCC immediately and effectively. Therefore the National commission to review the wording of the constitution as recommended that MCC should become a part of representation of people's Act. Proper analysis, useful consultation & collaborative multi-stakeholder approach is required.
RITIKA
Salient Features of the Representation of People's Act
Elections
Model Code of Conduct evolution
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analytical
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