The
Supreme Court questioned the Election Commission (EC) if it had powers to
implement the model code of conduct. While hearing a plea, the top court went
by the run of hate speeches being given by leaders in this electoral season and
asked why the Election Commission was not able to take action against them.
When the
lawyer of the EC said that the election body was toothless and powerless
against hate speeches, Chief Justice of India retorted back saying wasn’t the
Election Commission aware of its powers?
Asking
either the Chief Election Commissioner or a representative conversant with the
matter to be present in the court during next hearing today, the CJ of India
said he would like to examine the matter further.
The top
court objected on the EC practice of issuing just a notice on the violation of
model code of conduct using hate speech followed by an advisory if violation
was still continued emphasizing that EC needed more to do.
After
the SC’s caustic remarks yesterday, the EC suddenly came into action and banned
Yogi Adityanath, Maneka Gandhi, Mayawati and Azam Khan for delivering proactive
speeches that violated model code of conduct. The ban that is from today,
though, is only for two days for Maneka Gandhi and Mayawati and for three days
for Yogi Adityanath and Azam Khan.
If we go
back to the previous Lok Sabha elections in 2014, the EC ban for inflammatory
speeches on Amit Shah was on for one week while Azam Khan and Giriraj Singh
were banned for the whole campaign phase. The ban on Amit Shah was lifted after
after a week after he vowed not to use abusive or derogatory language again.
Election Commissioner HS Brahma had said 2014 poll campaign was worst in 30
years.
Going by
that standard, the EC decision this time looks tampered as social media has
added another extension to derogatory and abusive language though the top court
is happy that at least EC is doing something.
But why
the country’s top court has to call the EC to get up, to wake from the deep
slumber it is in to realize the powers it has?
Why
can’t it take decisions like it did in past when it had banned and
disenfranchised Shiv Sena’s Bal Thackeray and Ramesh Prabhoo for 6 years for
corrupt electoral practices, or comparatively tougher decisions to back to ban
Amit Shah, Azam Khan and Giriraj Singh in 2014?
Will the
EC follow the suit now? If we can’t expect to see a replica of it, can we a stronger
institutional body?
©SantoshChaubey
