GS Paper II

News Excerpt:

Recently, there have been allegations of bias by the Election Commission of India towards the ruling party, leading to accusations that it is working against opposition parties.

Current issue related to news:

• The ECI has used the MCC against various political figures, including the Assam Chief Minister, Bharatiya Janata Party Delhi unit president, Congress leaders, AAP leader, Delhi CM, Bharat Rashtra Samithi supremo, and his son, for alleged violations.
• The ECI has halted the Telangana government's Rythu Bandhu scheme credit to farmers before the state elections, citing statements by the State Finance Minister as violating the MCC.
• The Congress government in Karnataka has been issued notices for influencing Telangana voters through advertisements, while congress leaders have been served notices for using derogatory language against the Prime Minister.
• The ECI's ability to act fairly and objectively is questionable, and a government move to legislate executive supremacy in appointing ECI members is concerning.

Model Code of Conduct (MCC):

• The Election Commission of India (ECI) published the Model Code of Conduct (MCC) as a collection of rules to control political parties and candidates before the elections.
• Its goal is to guarantee that the EC can carry out its duties by Article 324 of the Constitution, which gives it the authority to oversee and manage free and fair elections for the State Legislatures and the Parliament.
• It restricts appointments, transfers, assistance programs, governmental spending, and policy decisions.
• The MCC is in operation from when the election schedule is released until the day the results are made public.
• Even though it lacks statutory support, using analogous provisions found in other legislation, such as the Indian Penal Code, Code of Criminal Procedure of 1973, and Representation of the People Act of 1951, certain aspects of the MCC may be enforced.
• Election-related malpractices such as fake news, misinformation, disinformation, hate speech, freebies and voter intimidation have not been stopped by the MCC.
• The MCC depends only on public opinion and moral persuasion to be followed.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023:

• It replaces the 1991 Act and outlines the appointment, salary, and removal of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
• The CEC and ECs will be appointed by the President based on a Selection Committee consisting of the Prime Minister, a Union Cabinet Minister, and the leader of the largest opposition party in Lok Sabha.
• The Selection Committee's recommendations will be valid even with a vacancy.
• The salary and conditions of service for the CEC and ECs will be equivalent to that of the Cabinet Secretary.

• Issues and Analysis:

• The selection process of the Election Commission may be dominated by the government, which has implications for its independence.
• Accepting the Selection Committee’s recommendations in spite of a vacancy in its constitution may effectively lead to a monopoly of government members in selecting candidates.
• Making the CEC and EC’s salary equivalent to the Cabinet Secretary may lead to government influence as it is fixed by the government. This is unlike the salary of a Supreme Court judge, which is fixed through an Act of Parliament.
• CECs and ECs also perform quasi-judicial functions. Limiting these posts to senior bureaucrats may exclude other suitable candidates.
• Under the proposed scheme, the ruling party at the Centre will solely control the composition of the ECI.

Global Practices: Selection Process of the Election Commission in certain countries:

Suggestions made by various Commissions/Courts for composition of the Selection Committee:

Way forward:

• The MCC should be incorporated into the RPA 1951 and made legally mandatory, according to the 2013 recommendation of the Standing Committee on Personnel, Public Grievances, Law, and Justice.
• To maintain fair competition, the Law Commission recommended in 2015 that government-sponsored advertisements emphasizing the ruling party's accomplishments before to the MCC announcement be prohibited.
• MCC violations on social networking sites could be avoided by utilizing technology-based tools, such as AI-based systems.
• In order to obtain a variety of viewpoints and guarantee that concerns are sufficiently addressed, the administration should confer with stakeholders, legal professionals, and opposition parties prior to finalizing the Bill.
• In the meantime, the government ought to assess the Selection Committee's composition and think about improving its balance.

Prelims PYQ

Q. Consider the following statements: (UPSC 2017)

1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. The Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 3 only

Mains PYQ

Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC 2022)