The Election Commission (EC) does not have the jurisdiction to regulate issues such as freebies and the poll panel instead should focus on ensuring free and fair polls by properly implementing the exisiting election laws, the Congress said in its response to the EC.
On October 4, the poll panel had proposed amending the model code of conduct (MCC) to ask political parties to provide authentic information to voters on the financial viability of their poll promises. In a letter to all recognised national and state parties, the Commission had asked them to submit their views on the proposals by October 19.
The Congress, however, sought a day’s extension from the poll panel to submits its response because of the party’s presidential elections.
“Neither the Election Commission, nor the government, nor indeed even the courts, have jurisdiction to justiciate and regulate such issues. It would therefore be best for the commission to desist from doing so,”Congress general secretary communications Jairam Ramesh said in the letter to EC on October 20.“
It is really something which is to be decided, be it pre-election or post-election, be it by way of electoral punishment or electoral acceptance and reward that the electorate decides the wisdom of such poll promises or campaign assurances and equally decides their breach and non-compliance,” Mr. Ramesh noted in the letter.
Apart from questioning jurisdiction, the Congress party’s letter raises the fundamental issue of how does one define freebies, enforceability of a standardised format of poll promises and called “the problem a contrived one”.
Mr. Ramesh urged that the poll panel should focus on implementing the existing laws on poll violations and in that context mentioned about his party’s previous complaints about referring to armed forces in election rallies.
“We, the INC [Indian National Congress], moved MULTIPLE representations, highlighting the repeated and constant political references to the achievements of our Armed Forces in the 2019 General Election campaign by members of the ruling party,”he said,adding,”We even moved representations against such co-option and invocation by the current Prime Minister and Home Minister and even went to the Supreme Court to ensure that the ECI heard the matters. Yet the ECI disposed of those complaints, giving a clean chit to the PM and HM, thereby, in our opinion, emboldening the continued violation of election laws that followed.”
Sharing the letter at a press conference on Friday, party spokesperson Supriya Shrinate said the matter first came up when Prime Minister Narendra Modi on July 16 raised the issue of “revris” (freebies) at a rally in Bundelkhand, after which the EC took up the issue and wrote to parties seeking their response.
Ms. Shrinate said the debate on the issue of “revris” in a democracy is distorted as it is the duty of any government to take care of the poor and oppressed classes, and evolve schemes for their uplift.
The Congress in its response to the EC proposal has said that “the issue does not fall under the poll body’s jurisdiction” and asked “how can the Election Commission decide on the definition of freebies”.
She added that the debate on the issue of “revris” in a democracy is distorted as it is the duty of any government to take care of the poor and oppressed classes, and evolve schemes for their uplift.
“It should first implement the existing poll laws properly and there are more burning issues that need to be taken care,” Ms. Shrinate said.
