Model code of misconduct
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How does a country conduct free and fair elections in a multi-party system where one party controls the government and, hence, the levers of power? And how does it ensure that bitter electioneering does not harm the social fabric?
Democracies across the world have grappled with these questions. India’s answer was to implement a model code of conduct. In the run up to elections, governments give up their powers over the bureaucracy to the Election Commission. Moreover, hate-based campaigning, which emphasises communal or caste identities, is forbidden.
Largely a creation of TN Seshan, the election commissioner from 1990 to 1996 and his successor MS Gill, the model code of conduct initially played a significant role at a time of great political tumult.
Lately, however, as the independence of the Election Commission has come under question, the model code has also gone from being an impartial instrument to one that is seen as having significant problems – and is sometimes so arbitrarily applied, it borders on the absurd.
For one, the model code now resembles de facto President’s Rule. In West Bengal, the Election Commission has taken over the entire state machinery. Mass transfers have been affected for bureaucrats and policemen. Given that there have been grave doubts about...