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11th May 2024 (11 Topics)

The Fraying of the Model Code of Conduct

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Context

Violation of Model Code of Conduct in Indian Elections.

Role of Election Commission of India (ECI):

  • Constitutional Mandate: Constitution grants plenary powers to ECI for ensuring free and fair elections, emphasizing its crucial role in maintaining the purity of the electoral process.
  • Framework of Model Code of Conduct: ECI frames the model code of conduct to ensure fairness, prohibiting activities like aggravating communal tensions, making unverified allegations, or appealing to cast or communal feelings.
  • Enforcement Mechanisms: While the model code of conduct lacks legal enforceability, ECI has powers, under the Symbols Order, to suspend or withdraw recognition of parties for violations, acting as a deterrent against misconduct.

Challenges and Addressing Electoral Misconduct:

  • Politicization of Campaigns: Elections have devolved into highly polarized battlegrounds, with politicians resorting to communal rhetoric and divisive tactics, undermining the democratic ethos envisioned by the Constitution.
  • Strengthening Legal Framework: Calls for amending electoral laws to provide clearer provisions for addressing violations of the model code of conduct, ensuring accountability for political leaders' actions.
  • Empowering Election Commission: ECI urged to exercise its constitutional powers assertively, initiating criminal proceedings against offenders and ensuring impartiality and integrity in the electoral process.

Mains Question:

Discuss the challenges faced by the Election Commission of India in enforcing the model code of conduct during elections.

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