Whose baby is Model Code of Conduct?

Anil Anand
Whose baby is the Model Code of Conduct? This becomes a vital question when the very sanctity of the concept is under danger. Situation becomes further grave when those responsible of protecting its sanctity find themselves under needle of suspicion.
The Election Commission of India (ECI) “strongly advising” the Union Finance Ministry to ensure that all enforcement agencies working under it to be “absolutely neutral” and a day after tendering this advice convened a meeting of the chairman of the Central Board of Direct Taxes (CBDT) and the Revenue Secretary. It was preceded by at least three non-BJP ruled major states withdrawing general consent given to the CBI to probe certain cases in the state after series of raids by CBI, ED and Income Tax Departments in states of Andhra Pradesh, West Bengal and Chattisgarh.
This is one side of the coin. The other side of the picture is reflected by 66 former civil servants writing to President Ram Nath Kovind expressing serious concern on the functioning of the ECI. In their memorandum they listed alleged violations of the Model Code of Conduct that the Nirvachan Sadan failed to deal with effectively. The obvious reference was to such violations by the ruling combine at the Centre (read BJP).
And what did they say: “The weak-kneed conduct of the ECI has reduced the credibility of this constitutional body to an all-time low. Any erosion in the people’s confidence in the fairness of the ECI has very grave consequences for the future of our democracy.”
These allegations are not only damning but also convey gravity of the situation in which ECI is finding itself. The situation is certainly not of ECI’s making but if these allegations hold any water then the poll panel has its fair share of blame in allowing it to come to this pass.
Ostensibly, stung by this letter and subsequent censure by Supreme Court of India, the ECI acted against some high-profile violators of the Model Code of Conduct that included Mayawati, Yogi Adityanath, Azam Khan etc.
Quoting instances of violations of Model Code of Conduct primarily by the BJP’s central and state leaders, the former bureaucrats said the A-SAT announcement by PM Modi amounts to unfair publicity. The reference here was to Modi’s public announcement on March 27 about the successful launch of India’s first anti-satellite weapon (ASAT).
“Parading the achievements of a government in this manner after the announcement of elections is tantamount to a serious breach of propriety and amounts to giving unfair publicity to the party presently in government and that the ECI’s decision does not stand up to the standards of impartiality expected of it,” the letter said.
Among the instances quoted was UP chief minister Yogi Adityanath’s “Modiji ki sena….” comment on Balakote air strike in the aftermath of Pulwama fidayeen attack.
Modi Ji Ki Sena : NIP such cavalier statements in the bud
The vital question arising is whether the federal character of India, which was already under constraints and pressure brought by political expediencies of the coalition politics, read regional forces, facing a threat from the centralised theme of the current national politics. The answer is yes.
Many would argue on the constitutional and legal validity of raids by central enforcement agencies. No, these are certainly not either unconstitutional or illegal. But raises doubts and heckles of the civil society is on account of selective action and studied silence in other similar cases. The selectivity with which such actions are being planned and executed is an area of concern.
Targeting only one variety of states, ruled by non-BJP parties, and that too where the opposition such as Trinmool Congress in West Bengal and Congress in Chattisgarh and Madhya Pradesh are well entrenched and Narendra Modi-led BJP trying to discover new ground, only strengthens the doubt. Surprisingly, the expression of counter-doubt has come from the ECI which itself is under suspicion for alleged selective use of measures to check violation of the Model Code of Conduct.
The elections in a democracy are all about a level playing field in all respects. A powerful national party and even a small regional or state level outfit are supposed to be on even keel when it comes to electoral process. But the current developments have serious doubts about the intention behind such raids and actions.
Does this mean that only the opposition parties are flushed with money or black money to be spent in the current Lok Sabha election? Does this also mean that everything is perfectly in order with the BJP and its NDA allies so far as election spending is concerned?
The answer is obvious and not difficult to fathom even by a lay person. The events and developments of the past point out that none of the political parties, are above board in this matter. The fact also remains that ruling parties, no matter of which colour or creed, have all along been misusing their exalted position.
Nobody should be above board if found involved in corrupt practices be it the election time or otherwise. The law of the land does not discriminate between a ruling or an opposition party or leaders when it comes to corruption or electoral malpractices. By discriminating on these lines any ruling dispensation would create a doubt in public mind that the entire crusade was designed to strengthen the anti-corruption crusade of the Government of the day.
Coming back to ED/CBI/IT raids on chief ministers and their close aides, those privy to such developments are of the view that lot of planning goes into it and the level at which decisions are taken goes up with profile of the target. Short of stating that these become political rather than administrative decisions when the action involves chief ministers, their close aides or senior political leaders.
Former sleuths who have overseen such operations particularly in ED and CBI said that the decision making for such high-profile raids goes up to the level of Union Finance Minister. Wishing to remain anonymous they stated that such raids have taken place in the past as well but not of current level and extent.
A serious pointer towards threat to the federal character of the country are the instances of confrontation between various state police forces and the Central Police forces on the issue of conducting raids or arresting the high civil/police officials of a particular State Government. Of late it happened in Bhopal when Madhya Pradesh police personnel confronted CRPF men as the latter tried to facilitate IT raids at the residence of one of the close aides of the chief minister.
What does such Centre versus states confrontations entail or tell?
Firstly, there is nothing wrong legally in a central enforcement agency at any time and place seeking cover of a central police force as against the police of the state where the raid is intended to be conducted. “In fact to conduct raids at high profile/political targets in states we prefer to go with the central police force,” a former official connected with such operations said. However, when it comes to timing, intent and selective targets, the doubts are bound to arise in public mind. The question of morality does come in particularly when it happens to be election time, he added.
It is well known that ECI is the master of ceremonies when the elections are declared. It is in full command and can dictate terms to whosoever violates election norms. It might not be a penal action but the ways and means to act are very much there.
feedbackexcelsior@gmail.com

Follow our WhatsApp channel