Toothless code

 After some delay, the Election Commission of India (ECI) had finally announced the schedule on March 10, 2019 for the upcoming Lok Sabha elections, scheduled to span seven phases from April 11 to May 19 and also reminded that the Model Code of Conduct(MCC) also came into immediate effect. Since, the announcement of the elections in March 10 till May 19, the MCC has come into effect. The MCC will bring candidates especially those in power, under its ambit for adherence. The MCC is to provide a free and fair level playing field to all candidates and parties and ensure that those wielding the reins of power do not abuse their positions. With the current Lok Sabha election a do-or-die battle for both the incumbent Modi government desperate to retain power and a fragmented opposition taking their last shot to survive; the MCC would be severely put to test. In the current electioneering, there has been several complaints of violation of MCC. After the March 27 launch of a rocket which shot down a satellite during test, opposition parties attacked prime minister Narendra Modi for violation of the MCC. They said he usurped the role of DRDO scientists by announcing India’s successful testing of an Anti-Satellite weapon (ASAT) and by that he had allegedly highlighted the event as an “achievement” of the government. The opposition leaders from several parties pointed out that as per convention, such events and announcements are made by Defence Research and Development Organisation(DRDO) scientists. The Election Commission set up a committee under a deputy election commissioner to examine the matter related to Prime Minister Narendra Modi’s address to the nation. Another instance of violation of MCC occurred a day earlier on March 26 when civil servants complained to the Election Commission (EC) against the biopic PM Narendra Modi due to release on April 5. The Vivek Oberoi-starrer follows the life of PM Narendra Modi from his time in the Rashtriya Swayamsevak Sangh and as Gujarat CM to his present-day role. The Delhi Chief Electoral Office has issued a notice to the filmmakers and is awaiting a response. Again, in a blatant violation of the MCC, Rajiv Kumar, NITI Aayog Vice Chairman criticised the Congress’s Nyuntam Aay Yojana (NYAY), an election promise of minimum income support for the poor. Kumar even denounced Rahul Gandhi while terming the scheme as “only for the sake of winning elections” and also “the worst kind of vote politics.” Modi is no stranger to the MCC as he has been involved in past elections. People across the nation, especially those aware about MCC are hoping that the Election Commission of India would spare no efforts to enforce the rule but unfortunately, the MCC has no statutory authority. Attempts have been made by the government to amend the Representation of People’s Act, 1951 by adding sections to add punitive teeth to punish infractions listed in the MCC. However, this amendment bill has not been passed. Thus, the MCC as of now only stands as a guiding principle with no authority to punish.Unless there is an amendment, the MCC will be a useless code which will not be adhered to by those who don’t care two hoots about it. The onus is again on the ECI to do what is right.