ECI's selective action on poll code violations reveals servitude before political masters

Even before the commencement of the Lok Sabha elections, doubts were cast upon the independence of the Election Commission, which were accentuated by the sudden resignation of one of the commissioners without any reason weeks before the election, coupled with Parliament's amendments to the appointing authority of the election commissioners, shrinking the panel number to three and excluding the Chief Justice of India from the panel, paving the way for the ruling party to have a two-member majority.

Yet all the political parties have been found to rely on the newly formed Election Commissioners panel, hoping that it would be true to fulfilling its constitutional duties, even considering the panel has been formed with the majority of the ruling party, thus needing to be more accountable to show its impartiality and counter the misgivings about its duties.

As the case turned upside down, precisely after the second phase of elections finished, the BJP was found to go more aggressive in its campaign, attacking the Congress under the guise of targeting the Muslim community, but the EC remained silent on the egregious violation of its Model Code of Conduct, even by Prime Minister Narendra Modi.

It led to widespread condemnation not only from political pundits, but the public also joined the chorus, questioning the very independence of the Election Commission and the all-too-evident violation of the MCC by the ruling party. As the criticism grows, the EC is compelled to show some kind of action, aiming to obscure the situation by sending notices to both the BJP and the Congress party as a balancing act, conspicuously showing the public that it is not just the BJP alone, but also the Congress, that is guilty of MCC violations.

A close analysis of the Election Commission’s actions would reveal its selectivity in taking action for MCC violations and its alleged bias or favouritism towards certain parties. A detailed analysis of data from the ECI's website, which news portal Sabarang has collated, covering the period from November 13, 2023, to May 8, 2024, reveals a striking disparity in the issuance of notices for violations of the MCC and relevant electoral laws, raising questions about the impartiality of the poll body.

Since November 13, 2023, the ECI has issued 16 notices and orders for MCC violations. The Indian National Congress (INC) and its leaders have received six notices, the highest among all parties. In contrast, the ruling BJP and the Bharat Rashtra Samiti (BRS) have each received three notices, while the Aam Aadmi Party (AAP) has been served two notices. A single notice was also issued to the Congress-ruled Karnataka government and the Telangana Chief Electoral Officer.

BJP Notices: Limited action

Two notices and one order were issued against the BJP. A notice was sent to Delhi BJP President Virendra Sachdeva on November 21, 2023, following an AAP complaint about morphed images and videos targeting AAP chief Arvind Kejriwal.

BJP National President JP Nadda received a notice on April 25, 2024, after multiple political parties complained about Prime Minister Narendra Modi's speech in Banswara, Rajasthan, where he referred to Muslims as "infiltrators" and accused Congress of redistributing wealth to Muslims. The ECI also ordered the takedown of a Karnataka BJP video targeting minorities on May 7, 2024, but no notice was issued to the Karnataka BJP.

AAP and BRS: Prompt action

The AAP received notices based on BJP complaints. Arvind Kejriwal was served a notice on November 14, 2023, for alleged false propaganda against PM Modi. Atishi, an AAP MLA, received a notice on April 5, 2024, for allegedly making false statements about being lured by the BJP.

The BRS was issued three notices following Congress complaints. These notices, dated November 24 and 25, 2023, and May 1, 2024, involved derogatory statements against Congress and politicizing government visits.

Congress: A heavy hand

The Congress has borne the brunt of ECI's enforcement, receiving six notices. Priyanka Gandhi was served a notice on November 14, 2023, for allegedly false statements about state-run BHEL. On November 22, 2023, Rajasthan Congress head Govind Singh Dotasra and INC National President Mallikarjun Kharge were issued notices for advertising electoral promises.

Rahul Gandhi received a notice on November 23, 2023, for derogatory remarks about PM Modi in an election speech. Additional notices were issued to Rahul Gandhi and Mallikarjun Kharge on April 25, 2024, for speeches allegedly promoting linguistic and cultural divides and for unverified allegations against the BJP and BRS.

Ignoring Hate Speech: A pattern of inaction

The ECI's selective action is starkly highlighted by its inaction against numerous hate speeches delivered by BJP leaders since the MCC came into force on March 16, 2024. Despite clear violations of the MCC and the Representation of the People Act (RPA), the ECI has failed to issue notices for inflammatory speeches by prominent BJP figures, including PM Modi and UP Chief Minister Yogi Adityanath.

Documented violations

Tathagata Roy (March 17, 2024): Suggested genitalia checks for male citizenship candidates to confirm religious background.

PM Modi (April 19, 2024): Questioned Congress candidate Danish Ali's patriotism for not chanting "Bharat Mata ki Jai."

PM Modi (April 21, 2024): Alleged that Congress would redistribute wealth to Muslims and made other inflammatory remarks in Banswara, Rajasthan.

Yogi Adityanath (April 21, 2024): Promoted the "Love Jihad" conspiracy during an election rally in Chhattisgarh.

Yogi Adityanath (April 22, 2024): Targeted opposition leaders for allegedly honouring criminals.

Yogi Adityanath (April 23, 2024): Repeated PM Modi's communal points and falsely claimed Congress intends to implement Sharia Law.

PM Modi (April 23, 2024): Compared Congress manifesto to "Muslim League" ideology in Chhattisgarh.

Amit Shah (April 26, 2024): Claimed Congress wants to bring back Muslim personal law and made divisive remarks in Madhya Pradesh.

PM Modi (April 26, 2024): Accused Congress and TMC of wanting to redistribute wealth to infiltrators in Malda, West Bengal.

PM Modi (April 27, 2024): Linked Congress to Aurangzeb in Karnataka.

PM Modi (April 30, 2024): Alleged that Congress undermines the Indian Constitution by promoting religion-based quotas in Telangana.

Yogi Adityanath (May 1, 2024): Made inflammatory remarks against Congress in Maharashtra.

PM Modi (May 2, 2024): Accused opposition alliance of asking Muslims to do "vote jihad" in Gujarat.

Despite these blatant violations, the ECI has remained largely silent, undermining its role as an impartial arbiter in ensuring free and fair elections. The ECI's reticent response to the ruling party's hate speeches, while disproportionately targeting the opposition, raises serious concerns about its credibility and impartiality.

The ECI's selective enforcement of the MCC and electoral laws not only skews the playing field but also erodes public trust in the democratic process. As the 2024 elections continue, the poll body's actions—or lack thereof—will undoubtedly be scrutinized for fairness and impartiality. Ensuring free and fair elections requires the ECI to act decisively and impartially against all violations, regardless of the party involved.

Based on an article published in Sabrang and reproduced by The Wire