Context: The Election Commission of India’s (ECI) recent emphasis on star campaigners’ responsibility to uphold social harmony during elections has sparked discussions regarding the commission’s ability to regulate violations of the Model Code of Conduct (MCC).

• This comes against the backdrop of concerns over the ECI’s limited powers to deregister political parties that fail to participate in elections, prompting calls for legal reforms to enhance electoral oversight.

Registered Parties

• Section 29A of the Representation of the People Act, 1951, outlines the requirements for political party registration.

• Registered parties must pledge allegiance to the Constitution and principles of socialism, secularism, and democracy.

• Benefits include tax exemption, a common symbol for elections, and the appointment of twenty ‘star campaigners’.

• India currently has 2,790 active registered political parties.

Recognised Parties

• Recognition as a ‘national’ or ‘State’ party is conferred under The Election Symbols (Reservation and Allotment) Order, 1968.

• Criteria for recognition involve winning seats or obtaining a percentage of votes in general elections.

• India has six ‘national’ parties and sixty-one ‘State’ parties enjoying additional privileges such as reserved symbols and forty ‘star campaigners’.

Issues with Registered Unrecognised Political Parties (RUPPs)

• Less than one-third of RUPPs participate in elections.

• The Representation of Peoples Act lacks provisions empowering the ECI to deregister parties for non-participation in elections or failure to conduct inner-party elections.

• Supreme Court rulings limit ECI’s power to deregister parties except under exceptional circumstances like fraud or loss of allegiance to the Constitution.

• Concerns arise over potential misuse of tax exemptions and donations by RUPPs not contesting elections.

Model Code of Conduct (MCC) Violations

• The MCC prohibits exploiting caste and communal sentiments and voter bribery or intimidation.

• Recognised parties have been found guilty of MCC violations, with ECI imposing short-term campaign bans as the primary penalty.

Proposed Solutions

• The ECI and the Law Commission have proposed amendments to empower ECI to deregister non-performing parties.

• The Law Commission recommended deregistration after ten consecutive years of electoral inactivity.

• ECI possesses the authority under Paragraph 16A of the Symbols Order to suspend or withdraw recognition for MCC violations.

• This provision was rarely applied, seen only once in 2015 when the National People’s Party’s recognition was suspended for three weeks.

• Strict enforcement of this provision can ensure MCC compliance.

Conclusion

• The debate surrounding ECI’s powers to control MCC violations highlights the need for legal amendments to empower ECI to deregister non-participatory parties.

• Effective implementation of existing provisions like Paragraph 16A of the Symbols Order can enhance adherence to the Model Code of Conduct (MCC) and uphold electoral integrity.