Prime Minister Narendra Modi attacked Rahul Gandhi’s decision to contest from Kerala’s Wayanad, saying the Congress was “afraid” of fielding candidates from constituencies dominated by Hindus because it had coined the term “Hindu terror”.
ThePrint asks: Has BJP found loopholes in election laws or is EC too weak to take on PM Modi?
Modi has not violated any electoral law by just mentioning a particular religion
Sudhanshu Mittal
Spokesperson, BJP
If only people read the law before passing such judgements, they would realise that PM Modi’s speech does not violate any electoral laws. Mentioning religion or a religious community isn’t a violation by itself, it is when one seeks votes in the name of religion, does it become a violation.
Any politician saying “I am a proud Hindu” is not a violation of the laws and does not attract provisions of any kind. I am only guilty of violation if I say: “Hindus want to see BJP victorious”, or if I say “Muslims want to see BJP defeated”.
People who have been raising all kinds of arguments against the BJP and suggesting that we are guilty of flouting electoral norms are deeply mistaken and ignorant.
The Election Commission seeking a report on Yogi Adityanath’s speech doesn’t imply that they have declared anyone guilty. Taking cognisance of a speech and declaring that a violation has been committed are two entirely different things.
The issue isn’t whether the EC is too weak or too powerful – the issue at hand is whether or not any violation has been committed. Those who are accusing the EC are actually anti-democracy because they lack faith in the institutions of the country. Just because the EC isn’t taking the decisions they want the EC to take, doesn’t make it weak or toothless.
EC’s action or inaction over flagrant violations by Modi & BJP will determine its credibility
Aadil Singh Boparai
Advocate and spokesperson, Congress
The polarising rhetoric adopted by PM Modi poses a great danger to our electoral and social fabric.
The Supreme Court, in Abhiram Singh’s case, had categorically made it clear that religion cannot be invoked to garner votes and doing so would constitute a corrupt practice under the Representation of the People Act, 1951.
It is unfortunate that PM Modi continues to violate the dictum with impunity. Furthermore, despite the Election Commission issuing a circular stating that our armed forces should not be invoked for electoral purposes, PM Modi continues to appropriate the valour and the contribution of our armed forces.
This isn’t the first time the BJP is trying to circumvent electoral laws. For instance, the mechanism initiated by the BJP in the form of electoral bonds is a recipe for commercialisation of elections and shrouds the funding process by making it opaque.
As far as PM Modi’s comments regarding Mr. Rahul Gandhi contesting from Wayanad are concerned, they are beyond appalling. Every state in this country constitutes an integral part of India. We are a multitude of several religions, languages and cultures.
I am aghast that PM Modi has abdicated all constitutional propriety by resorting to inflammatory and incendiary rhetoric. He is consciously attempting to create fault lines in society.
This demonstrates the BJP’s desperation and reinforces the fact that they are staring at defeat in the 2019 elections. The action or inaction of the EC in the face of such flagrant violations will determine its credibility.
When Modi is addressing a BJP rally, he isn’t doing so as the PM of the country
N. Gopalaswami
Former Chief Election Commissioner
Invoking religion in campaign speeches is completely prohibited and frowned upon by the model code of conduct. That said, only the Election Commission is best placed to decipher whether a line has been crossed in a certain case, or not.
Generally speaking, the model code of conduct prohibits using religious symbolism or creating enmities through your campaign. If, on examination, the speech or campaigning methods are found objectionable, then the Election commission can issue warnings.
As far as circumventing election laws, or finding loopholes is concerned, there will always be ways to do so. As the saying by G.K. Chesterton goes, “The criminal is the creative artist; the detective only the critic.”
This means that there will be hundreds of ways for a criminal to commit a crime, the policeman will enter the scene only after the crime has been committed.
Violation of electoral norms and rules isn’t something unheard of. For instance, in Tamil Nadu, buying votes using money is rampant. If someone is adamant on finding a way around an existing law, then they will manage to do so one way or another.
As far as the speech by PM Modi is concerned, only the EC can take a call on it. That said, when he is addressing a rally, he isn’t doing so as the PM of the country – he is doing so as his party leader and as a candidate. He is not above the rules.
Also read: Under Modi regime, the Election Commission needs the spine of former CEC T.N. Seshan
Doesn’t matter if it’s Modi or Yogi, the EC is dedicated to conducting free & fair elections
S.K. Mendiratta
Former legal adviser to the Election Commission
The Election Commission has all the powers needed to reprimand anyone misusing religion during campaigns. That said, there needs to be some actionable point or complaint that is brought to their notice. We will cross that bridge when we get to it.
The model code of conduct makes it abundantly clear that invoking religion or caste in campaigns isn’t permissible. Paragraphs 1, 2 and 4 say “There shall be no appeal to caste or communal feelings for securing votes” – in those many words. If and when someone makes a complaint, the EC will examine it and take a call based on those provisions.
It isn’t as if the EC doesn’t take suo moto cognisance. For instance, the EC has asked UP CM Yogi Adityanath for a report on his “Modi ji ki sena” comment. They don’t have to wait for someone to file a complaint to take action.
However, complainants usually come with evidence and material that makes it easier for the EC to analyse and come to a decision.
The fact that it’s PM Narendra Modi in this case, makes no difference. The Election Commission’s job is to conduct free and fair elections. Anything that comes in the way of that will be dealt with through the law of the land.
By Fatima Khan, journalist at ThePrint.
In my father’s office in Poona, there was a plaque which read : The true test of a man’s character is what he would do if he knew he would never be found out. Modify that to read, If he knew no one could stop him. ECI is a referee, an umpire. When Virat Kohli steps onto the field, he wants to win. But even if there was no umpire on the field, we expect him to play by the rules.