Taking note of the various trends and cases of plummeting levels of political campaign discourse in recently held elections, the Election Commission of India has issued further advisory to all political parties to maintain decorum and utmost restraint in public campaigning and raise the level of election campaigning to “issue” based debate.
The Commission has also put the Star Campaigners and candidates on a ‘notice’ in case of violations that followed the previously known methodologies during elections to avoid MCC. The Election Commission will assess any indirect MCC violations as per advisory as a fair basis to re-work the notices to be given in terms of time and content in issue in the forthcoming elections. For the General Election to Lok Sabha and General Election to four State Legislative Assemblies, all phases and geographical area of elections shall be the basis to determine “repeat” offences.
While acknowledging the need to keep a balance between the freedom of expression and level playing field, the advisory noted that the Commission has been following a self-restrained approach since the previous few rounds of elections, presuming that its notice would serve as a moral censure to the candidate or star campaigner. Orders issued by the Commission are carefully crafted to ensure minimal disruption to campaigning activities than outright prohibitions. However, the objective to check on the level of discourse, using MCC notices in a judicious way, akin to a moral censure, may not be misunderstood and repeated in the next election cycle. Additionally, advisory has acknowledged the evolving landscape of information technology and social media platforms has blurred the lines between pre-MCC and the 48-hour silence period, leading to persistent circulation of content across multiple phases of campaigning and even unrelated elections.
| Advisory to Political Parties, candidates, and Star Campaigners
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The Commission has urged all the political parties, their leaders, and the contesting candidates to remain within the confines of the Model Code of Conduct and the legal framework. It has been emphasised that any genres of surrogate or indirect violation of MCC and surrogate means to plumate level of election campaign will be dealt with stern action by the Commission.
| Some genres of indirect/surrogate MCC violations as noticed during previous elections are enumerated for ready reference and record
Use of inappropriate, abusive at times, vocabulary against star campaigners of other political party(ies) False, unquantifiable, unsubstantiated, incorrect, and unverified allegations, Slangs conveying divine censure/personal vilification, Use of vilifying and demeaning social media posts/ caricature crossing fine line of satire Presenting social media posts out of the context, often to spread misinformation or disinformation. Misleading advertisements in garb of news items potent with disturbing level playing field just before days of voting Personal attack on political rivals and ridiculing the candidates of rival parties State Government publishing their welfare schemes in the neighbouring poll going states at opportune time Attempts to lure voters, by luring registration for delivery of promises under non-existent schemes which is often akin to bribery of voters through false promises Use of name of the candidate to make generalised comments against a group of voters |
Background:
Political party leaders designated as “star campaigners” under Section 77 of the Representation of the People Act, 1951, deliver speeches during significant political rallies. It is essential to interpret this within the framework of harmonious and purposive construction, as the Model Code of Conduct (MCC) and statutory provisions of the Act complement each other. Therefore, while enjoying the privileges granted by Section 77, star campaigners also bear the responsibility of upholding the highest ethical standards during election campaigns.
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