Model Code of Conduct for elections – the use of cards

After nearly thirty years of participating in the conduct and supervision of Indian elections and observing elections at national, state and local levels since 1971, I am struck by the abyss into which debate has descended in the 2019 general elections as well as the open challenge thrown to the authority of the Election Commission of India by all political parties and candidates, especially the ruling party at the centre. What is even more dismaying than the “in your face” behaviour of the political class has been the servile responses of sections of the bureaucracy, the latter constituting, in my view, a far more serious threat to democratic norms.

Standards of decent discourse have virtually vanished from the Indian political firmament and the present elections confirm this depressing phenomenon. Humans have been classified as termites and sections of them have been threatened with expulsion from the country. Blatant appeals have been made to divisive religious sentiments and politicians have gone so far as to warn voters of the consequences of not voting for them. The sacrifices made by security forces are being made to serve as election fodder. Vicious personal attacks are the order of the day and serial offenders from previous elections are displaying their dubious talents freely. Equally galling has been the brazen promotion of a single personality through multiple media modes without any hint of embarrassment or concern for conventions. We have also been treated to the disgusting spectacle of a self-styled Sadhvi denigrating the memory of a police officer who lost his life in the Mumbai 26/11 attacks.

2019 also marks, in pronounced fashion, the entry of the disease of political partisanship into the bureaucracy. In previous elections, it was the normal practice to transfer officers who had done adequate time in their current postings as well as those perceived as unduly close to those in power. But the need to move officers at the topmost levels of the police and civil services after the election process got under way points to the rot in the steel frame. Three top functionaries of the NITI Aayog, the central government’s top policy think tank, have, through electronic and social media, expressed views and displayed achievements which have the effect of supporting the government of the day and downplaying its opponents. The NITI Aayog is reported to have asked district collectors, who are the fulcrum of the election process, to furnish information on the achievements in different government programmes for use by the Prime Minister in his election speeches. A serving Air chief makes a public statement about the Balakot air strike and, for good measure, also drags in the controversial Rafale aircraft into his observations. In a first for India’s highest bureaucracy, the attitude of its central Department of Revenue in not keeping the Election Commission apprised in advance of income tax raids on political personalities has been castigated by the Election Commission as “insolent”. To cap it all, a junior functionary of the Union Home Ministry wakes up from slumber after many years to ask the leader of the opposition Indian National Congress to prove his nationality. It almost makes one wonder whether government departments have been awakened like Kumbhakarna only at the time of electoral battle.

Even though the Model Code of Conduct has a moral rather than punitive force, Article 324 of the Constitution of India, backed by various Supreme Court rulings, gives the Election Commission wide powers to enforce its writ in grey areas where the law is silent. Taking an analogy from the game of field hockey, it makes sense to enforce the three card rule: a green card for minor fouls, a yellow card for more serious infractions (with suspensions for repeat offences) and a summary send-off on being shown a red card. The Election Commission should devise its own sets of cards, one set for unruly politicians and another set for errant bureaucrats.

The green card rule for politicians would involve censure of the offensive act with or without fine. This will not deter the “thick-skinned” among the tribe but would serve as a warning that their conduct is under close watch. Another offence would have the effect of moving them to the yellow card category, which could see bans on campaigning by the concerned individual, ranging from a few days to a total ban for the entire election period, depending on the gravity of the offence. The red card would come into play when the candidate/politician commits a really serious offence, like open incitement to violence or indulging in major criminal offences. It would involve the cancellation of elections in that particular constituency, with these elections being held a couple of months after the completion of the election process under close supervision of the Election Commission and with heavy deployment of security forces.

The bureaucracy’s “three card” rule would more or less conform to the disciplinary proceedings which are presently initiated against government personnel. Officials who are green-carded would be censured, the censure being reflected in their annual confidential reports, with impact on future promotions. The yellow card would involve imposition of punishments like withholding of pay increments for a certain period or reduction to a lower time-scale of pay, grade, post or service for a specified period (without cumulative effect). Major penalties (the “red card”) would range from loss of seniority to compulsory retirement to dismissal from service. Such action by the Election Commission would be taken in consultation with the concerned government, with confirmation by the appropriate Public Service Commission.

Of course, judicious and strict enforcement of the “three card” rule would require a strong and impartial referee who does not hesitate to blow the whistle when needed and to flash the relevant card. Sanctions against erring politicians/bureaucrats need to be promptly enforced to serve as a warning to potential transgressors. Most importantly, the teams (political parties/governments) themselves need to introspect on whether they should retain such players (politicians/bureaucrats). If all concerned do not abide by the rules of the game, elections will descend into anarchy, with the danger of the eventual demise of democracy.

11 responses to this post.

  1. Posted by Pradip Bhattacharya on May 3, 2019 at 8:37 pm

    Excellent as always Ramani.Sent from my Samsung device

    Reply

  2. Posted by Kamal Kumar Pal on May 3, 2019 at 9:06 pm

    ‘Demise of democracy’ …does it bother us ?

    Reply

  3. Posted by bch1950 on May 5, 2019 at 5:28 am

    Dear Ramani,

    I trust this finds you well. The power of your pen seems to increase with age. We are enduring a 5 week federal election campaign and the second paragraph of your essay could equally describe the depressing political landscape in Australia. It seems to me that “policy” is being dictated by those who seek government pandering to what they believe the “swinging voter” wants. In Australia, a uniform percentage swing of less than 5% will see a change in government. Hence the unedifying sight of leaders of political parties descending on marginal seats promising the sun, moon and stars.

    Democracy is clearly going through a crisis. I have long thought that India is the world’s most important democracy in the sense that not only is it the world’s largest but that if democracy can work in India it can work anywhere. Apart from the challenges brought about by the sheer weight of numbers, no other democracy services such a disparate nation. So, I am disturbed to hear of a less than dispassionate bureaucracy. Let us hope that your voice finds the right audience!

    Best wishes,

    Bun

    Reply

  4. Posted by ashwinimehra on May 11, 2019 at 12:50 pm

    Thanks for sharing. Echoes my thoughts. Statesman like behavior has become history. Many a statement today by the political brass is revulsionary. and somehow, the parties are banking on social discord for encashing votes of groups of citizens. Warm rgds.

    Reply

  5. Dear Mr Ramani, we would like to invite you to a highlevel policy maker seminar on stunting in South Africa. We have sent an email to your gmail address but are not sure if this address is still current. Please may you get in touch with us via http://www.growgreat.coza

    Reply

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