Q1.
Here are a few types of complaints that the ECI handles. Why do you think these might be violations of the code of conduct?
Answer
All four break the same underlying rule: an election must be won by persuading voters, on equal terms with every other candidate. Each picture shows a different way of getting round that. Here is what the four figures on page 131 show, and why each is a violation.
| Figure | What it shows | Why it violates the Model Code of Conduct |
|---|---|---|
| Fig. 5.17 | A candidate distributed sarees and household appliances to women voters | This is buying votes with gifts. The code states plainly that “influencing voters through gifts in return for votes is punishable”. It also destroys equality between candidates — a rich candidate could simply outspend an honest one |
| Fig. 5.18 | Abusive language used by the candidate of one party against the candidate of an opposing party | The code requires all candidates to “exercise discretion and restraint to ensure that the elections take place peacefully”. Abuse can inflame supporters and turn a contest of ideas into a quarrel — or worse, into violence |
| Fig. 5.19 | Officials of the government campaigning for the ruling party | Government servants are paid by the public and must serve every citizen. The code’s first element is that the party in government must not use the resources available to the government for election purposes — and officials are among the most powerful of those resources |
| Fig. 5.20 | Bundles of ₹500 notes found in the car of a candidate during inspections | Large unexplained cash during an election points to vote-buying or unaccounted campaign spending, and is exactly what the chapter later calls the growing influence of money in elections. Strict vigilance on candidates’ spending was one of T.N. Seshan’s reforms |
The common principle: a vote is meant to record what the voter judges to be best. A gift replaces judgement with obligation; abuse replaces it with anger; a government officer campaigning replaces it with the fear or hope of official favour; and unaccounted money buys all three. In each case the count still happens, but it no longer measures what the people think — and the whole purpose of the election is lost.
Did you know? The Model Code of Conduct began as a voluntary agreement — it was adopted in Kerala in 1960, approved by the representatives of the major political parties of the time. The ECI circulated it to parties during the 1962 general elections, and from 1991 the ECI became proactive in ensuring it is observed. So a set of self-imposed courtesies grew into a nationally enforced discipline.