Ishita KishoreAIR 1 · 291 wordsTheir whole copy
Opening
Free and fair elections are a sine qua non for a healthy democracy. Model Code of Conduct (MCC) plays a pivotal role in this regard.
Body · points
Case for Statutory backing
- i- Proper implementation will be ensured with legal backing
- ii- Punishments and penalties can be duly given in case of violation Eg promoting of enmity b/w groups seen in Shaheen Bagh
- iii- Free and fair conduct during campaigning Eg disqualifying star campaigners for hate speech
- iv- Curb menace of 'Revdi' culture of freebies
- v- Announcement of policies of major significance can be halted legally
- vi- Curbing electoral malpractices can be ensured Eg Taking voters to booths
- vii- Counter 'infodemic' on social media & fake claims in affidavit with penalties.
However this may not be effective as
- i- Judicial pendency of lower courts is above 4 cr and elections are time sensitive
- ii- Difficult to track social media 'fake news' and chat groups (Diffused nature of information)
- iii- ECI is empowered to disqualify star campaigners (in case of Eg 2019 ruling party)
- iv- ECI as a constitutional body has taken an enlightened approach of enforcing norms Eg TN Seshan not succumbing to political pressure
- v- Exit Polls are stringently imposed
- vi- EVMs and VVPATs (PUCL v. OI) ensure transparency & accountability
Need of the hour
→ 48 hour silence period should be on social media as well → Enhance powers of ECI → secretarial staff → Consolidated Fund of India → Create scope for → Fake News → Paid News
Close · a way forward
MCC has been effective & can be made better with enhancing independence of ECI. Even Law Commission has held MCC may not be statutory for India to be vishwaguru democracy