Explained | EC notices to BJP and Congress: What do the rules say

The Election Commission has issued an advisory to parties to refrain from activities that are antithetical to the harmony of the society at large

With a view to impress the electorate in Karnataka and to scuttle the reputation of their opponents, political parties have made several statements against each other, gotten ads published in the media.

Though these endeavours could be construed as a measure to gain an upper hand over rival parties in the eyes of the general public, there is a high chance that these political parties could have veered away from the Model Code of Conduct (MCC) which comes into effect the moment the Election Commission (EC) announces the poll dates.

In this article, let’s examine specific cases in which the EC has issued notices to the two national parties Bharatiya Janata Party (BJP) and Congress, seeking explanations on the charges they have levelled against each other. The EC dedicated an entire page on the Model Code of Conduct in which it advises parties to refrain from activities which are antithetical to the harmony of the society at large.

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1. The statement on Karnataka’s ‘sovereignty’ made by Sonia Gandhi

In relation to a speech made by former Congress President Sonia Gandhi in Hubballi, Karnataka, the Congress had tweeted: “The Congress will not allow anyone to pose a threat to Karnataka's reputation, sovereignty or integrity."

The BJP took umbrage at the use of the word ‘sovereignty’ and complained to the EC, which issued a notice, seeking clarity and rectification over the issue.

The election body also noted that the tweet violates provisions of the Representation of the People Act as it issued a letter to AICC President Mallikarjun Kharge.

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In its advisory, the EC notes:

No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.

As per this advisory, referring to ‘sovereignty’ may sow seeds of secession.

2. EC issues notice to Congress, BJP over advertisements

A few days ago, the EC issued a notice to DK Shivakumar, the KPCC president over unsubstantiated and unverified advertisements in relation to alleged rates cited for appointments and transfers by the BJP-led government in Karnataka.

A part of the notice read: “This brings into disrepute the entire administration, which has the potential of fomenting a feeling of distrust and undermining the legitimacy of the governance system at large, which otherwise, inter-alia, is vital for the smooth conduct of the poll itself...”

A notice was also issued to the BJP in relation to an advertisement describing Congress as the “most corrupt party in the world”.

The Election Commission sought "verifiable and traceable" facts apropos the advertisement.

The Congress had approached the poll panel against the advertisement issued by the BJP's Karnataka unit.

The notice read: "However, while exercising this right (criticism of the policy and governance of opponent parties) and performing this essential function, the various political parties are expected to uphold high standards of public discourse and adhere to the various provisions of the model code and relevant laws.”

In relation to such advertisements, the MCC notes:

Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.

It is so easy for the political parties to get carried away by the political heat, coercing them to make irksome and incendiary remarks. If they adhere to these advisories, societal discipline is ensured.

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