Thursday, May 24th 06:07 AM IST

Killing it softly? The Congress vs the Election Commission

Feb 21, 2012


By Kartikeya Tanna

Without a doubt, 2014 will be the most sensational political battle in decades.

Gujarat Chief Minister Narendra Modi is the Bharatiya Janata Party’s most probable choice for the Prime Minister’s post in the 2014 Lok Sabha elections although the BJP president Nitin Gadkari has clarified that his party’s campaign will not have a prime ministerial candidate.

It is then little wonder that the Congress is going all out to ensure that its most obvious choice for the top post – Rahul Gandhi – has all resources at his disposal to counter Modi. Could that be the reason the government is taking on the Model Code of Conduct when it comes to elections?

Reuters

The Indian Express reports that Congress has started work on according statutory status to the Model Code of Conduct which, until now, has the status of executive directions issued by the independent constitutional authority – the Election Commission.

On first glance, this may seem like a wise move. Giving statutory status can only mean infusing a greater degree of permanence in the law on how politicians must conduct themselves during election time.

However, the outcome is not entirely desirable given the sensitive nature of elections in India. If the Model Code of Conduct becomes a law, any violations of that law would, in all likelihood, be heard and defended in courts and not the EC as it happens now within a strict time-frame. And once courts have the jurisdiction to adjudicate on violations, the matter can, in the words of CEC Mr. Quraishi, go on for years. Until then, the unregulated violator may well enjoy reap political benefits in his constituency while legal counsels battle it out in courtrooms.

This move comes on the heels of Salman Khurshid, the Union Minister of Law and Minority Affairs, facing serious warnings by the EC for his sub-quota remarks as well as Beni Prasad Varma, the Union Steel Minister, being embroiled in a similar battle. A vigilant EC has obviously been a hindrance in Congress’s eagerness to capture the significant Muslim vote in Uttar Pradesh. The statutory status move could be a legal subterfuge to take away EC’s powers.

How is a polarized battle in 2014 related to Congress’s latest legislative move weakening the EC?

The 127 year old Indian National Congress clings to an image of secularism even though the party has been and can well be a source of polarization. Statements made on the Batla House encounter  sow seeds of discontent in Azamgarh residents and Khurshid and Beni Prasad’s acts creating inimicality in the minds of UP Muslims towards constitutional bodies portray the EC as a body eager to hang the messiah of Muslims. These are blatant acts of polarization.

This is not to say that Modi’s politics has not resulted in polarization. The overt aggression in his speeches early in his political career, his alleged complicity in the 2002 riots have all contributed immensely to his “polarizer” tag. This tag refuses to leave him despite his efforts thereafter at focusing exclusively on solid governance and his recent efforts at creating an atmosphere of sadbhavna in Gujarat.

With Modi’s carefully cultivated change in image, it is highly unlikely that he will seek to return to his aggressive frame in the run up to 2014. Ironically, the Congress, seen as secular, is very likely to want to aggressively consolidate its minority vote in the 2014 finals  if the pattern in the Uttar Pradesh semi-finals is anything to go by.  It is to the Congress’ advantage to ensure that Rahul Gandhi gets a favorable pitch in the finals without a strong EC queering the pitch.

In view of the fact that the alternative to Modi is an inexperienced Rahul Gandhi, Modi may manage to garner a large chunk of the undecided centre-right votes. The Congress needs to ensure that the Muslim vote isn’t divided. Financial promises, the kind the EC wants to prevent, could come in handy there. Weakening the EC is the first step of the process.

 

Also see