EC SENDS NOTICE TO PARTIES, NOT INDIVIDUALS

The Election Commission’s first ever notices to political parties for alleged Model Code of Conduct (MCC) violations by their star campaigners marks a significant shift in the institution’s response to such complaints. In the past, the EC has sent general advisories to parties but whenever there is an MCC violation complaint against an individual, the notice goes to the individual rather than the party. This time, however, the EC has sent notices to BJP and the Congress on complaints against Prime Minister Narendra Modi and Rahul Gandhi.

WHO IS A STAR CAMPAIGNER?

  • A star campaigner is a popular vote seeker in an election for a party.
  • There is no law defining the star campaigner.
  • They are nominated by the respective political parties and they follow guidelines issued by ECI under the Model Code of Conduct.
  • The expenditure on campaign and travel of star campaigners is not added to the candidate’s spending limit.
THE CONTENT OF THE NOTICE In the notices, it has underlined that individual star campaigners are responsible for their own speeches and the EC may, on a “case-by-case basis,” hold political parties accountable for any MCC violations by their campaigners. ARE THESE NOTICES EFFECTIVE? A former Election Commissioner said that the EC’s move is fraught.
  • If you issue a notice to a party for the comments of a leader, how much of a room do you have to act against the leader?
  • Also, let’s say the party’s reply is unsatisfactory. What action will you take against the party? Their intent with this (move) is not clear.
ECI’S LOGIC According to an EC official, Thursday’s notices are a part of a “calibrated approach” that Chief Election Commissioner Rajiv Kumar had announced during his press conference on Lok Sabha elections on March 16, where tougher actions would be taken against campaigners who are “repeat offenders.” “The level of responsibility is not only being raised, but being legally linked to that of the political party to whom the star campaigner belongs. Even political party at the time of their registration with the Election Commission commit to stick to the ideals of the Constitution and we have reminded them about it,”