Ear to the Ground: Why is EC scared of acting against Modi and Shah?

Not published by India Today

Fair play demands that EC takes cognisance of all complaints of alleged violations of poll code and misuse of defence forces for votes; selective action which leaves out the most dominant political players does little good to its credibility or free and fair polling, (A week later, Modi continues to violate MCC but no action from EC and media is silent. Meanwhile, SC changed its stand and asked EC to watch Modi film for 'informed decision' after EC banned it following its order. SC surprised at EC's action to ban the film? That looked more plausible.)

After dithering for more than a month, the Election Commission of India (ECI) finally woke up to its responsibilities and powers on Monday and cracked whips on four political leaders for poll code violation, at the prompting of the Supreme Court.

In all, four leaders – Yogi Adityanath, Mayawati, Azam Khan and Maneka Gandhi – have been banned from campaigning for a period ranging from 48 to 72 hours.

While Yogi, Maneka and Mayawati have been found violating the poll code by seeking votes in the name of religion or appealing to communal feelings, Azam Khan has been found making remarks “repugnant to honour and dignity of women” and derogatory of political rivals.[1]

Yogi had earlier (on April 5) been censured for describing the Indian Army as “Modiji ki sena”.[2]

The ECI has also issued a notice to the Telangana Chief Minister K Chandrashekhar Rao for communal remarks but has not yet communicated what further action has been taken.

No note of violations by Modi and Shah

Praiseworthy as such actions are the ECI seems to have taken no note of allegations of similar violations by the two most significant influencers of the electoral outcomes – Prime Minister Narendra Modi and BJP president Amit Shah.

Both Modi and Shah have been reported for speeches appealing to communal feelings and also for ignoring the ECI’s March 19 directive not to seek votes in the name of the defence forces – “the political parties/candidates are further advised that their campaigners/candidates should desist, as part of their election campaigning, from indulging in any political propaganda involving activities of the Defence forces.[3]

On April 6, soon after Rahul Gandhi picked Wayanad in Kerala to contest, Modi hit out at him saying: “The Congress dynast went out with a microscope to look for a safe seat to contest and selected a seat where the majority is in minority.”[4] A few days later on April 10, Shah likened Wayanand to Pakistan and wondered aloud at a rally: “Is it in Pakistan?”[5]

Shah was reported for doing more of the same at a rally in West Bengal on April 12, which the BJP duly twitted: “We will ensure implementation of NRC in the entire country. We will remove every single infiltrator from the country, except Buddha, Hindus and Sikhs: Shri @AmitShah #NaMoForNewIndia.”[6] The Muslims and Christians were missing from the reference.

Both Modi and Shah have been reported for using the defence forces in their campaign.

On May 28, addressing a rally in Jammu, Modi reportedly referred to the Balakot strike to run down the opposition parties.[7] On April 10, he asked the first-time voters of Aurangabad and Latur in Maharashtra to dedicate their vote to the martyrs of Pulwama and the heroes of the Balakot strike.[8]

Shah, addressing a rally in Shahjahanpur (Uttar Pradesh) on April 13 narrated how Modi had “issued an order to the brave soldiers of our air force on the 13th day of the martyrdom of the CRPF men, and they entered Pakistani territory.”[9]

The Congress and other political parties have filed multiple complaints with the ECI regarding all these speeches[10] but the latter has not taken any note of it so far, as a scanning of its orders show.

Violation model code, RP Act and Constitution

The violations of the poll code being mentioned primarily relate to the first three directives of the MCC to parties and candidates which prohibits:[11] (a) activity that may “aggravate existing differences or create mutual hatred or cause tension” between communities and religious groups (b) criticism of other political parties “based on unverified allegations or distortion” and (c) “no appeal to caste or communal feelings for securing votes”.

Besides, appealing to communal feelings violates the Constitution of India, which is expressly secular in character, the Representation of People Act of 1951 and the political parties’ respective constitutions. Some cases, like that of Azam Khan, attract criminal proceedings too (FIR has already been filed against him).

Section 123(3) of the RP Act makes communal politics a “corrupt practice” and forbids (i) seeking vote or refrain from voting for any person on the ground of his religion, race, caste, community and (ii) promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community.

Such politics also violate section 29A (5) of the RP Act, under which all registered parties have given an undertaking to the ECI, at the time of their registration, declaring their “true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India”.

This declaration is also incorporated in party constitutions. For example, the third paragraph of BJP’s constitution (Article II) reproduces this declaration verbatim, besides promising “Sarva Dharma Samabhav”.[12]

Modi and Shah are undoubtedly the two most powerful political influencers in India and their capacity to influence campaign narrative is unmatched by any other. Hence, it is all the more important that the ECI takes note of allegations of poll code violations and violation of its directive not to seek vote in the name of the defence forces and take appropriate action.

Incidentally, Shah and Khan, both were banned from campaigning in 2014 (for the rest of the campaign period) for appealing to communal feelings.[13] Later, Shah was allowed to campaign after he promised to be mindful of his language but not Khan, who had shown no remorse.[14]