Critically examine the loopholes in the law that governs election poll code violations in India.
Refer – The Indian Express
IAS Parliament 6 years
KEY POINTS
· Election campaigns are expected to be run within the limits of the Representation of Peoples Act, 1951 and the provisions of the Model Code of Conduct (MCC).
Loopholes
· Section 126 of the R P Act is one important limitation.
· The provision prohibited organising public meetings, display of election matter by means of cinematograph, television and the holding of entertainment programmes with the intention of influencing voters 48 hours ahead of voting (Election silence period).
· However, this provision does not prevent a political party from holding public meetings and processions, organising a press conferences or even giving media interviews outside the constituencies which are about to vote.
· This is why, in a multi-phase Assembly election, politicians continue to campaign in those parts of the state that are not going to polls in the next 48 hours.
· Section 126 doesn’t empower the Election Commission (EC) to act, when channels air election rallies or the campaign at a seat that is about to vote.
· Political parties exploit this legal loophole by holding a manifesto release or a press conference, outside poll-going constituencies, knowing full well that these would be broadcast everywhere.
· The R P Act and the MCC does not specify when a manifesto can be released.
· Even print advertisements and political pamphlets are not covered under Section 126.
· In other words, advertisements by political parties can be published in newspapers during the 48 hours ahead of voting.
· The EC had, in fact, approached the Ministry of Information and Broadcasting to enquire if it would be possible to block transmission signals in a state or a part of a state. The government said it was unimplementable.
· Later, the EC had decided that Section 126 would apply only if the election matter being broadcast via electronic media related to a specific constituency or candidate about to go to the polls.
· But, there too, general discussions would not attract the penal provisions under Section 126.
