Page 260 - Leap of Faith Vol - 2

Leap of Faith Journey of Indian Elections

Section 126 of the Representation of the People Act, 1951 The freebies issue resurfaced lately, and on December 4,
prescribes cessation of election campaign including 2021 the then Vice President M. Venkaiah Naidu had called
holding of public meetings, performances, advertisement for a wider national debate on the issue. On August 3, 2022
through cinematograph, television or similar apparatus the Hon'ble Supreme Court suggested setting up a special
48 hours before the hour fixed for conclusion of the poll. panel that could dispassionately look into the issue. It
The Election Commission favours extension of the recognized that practically all political parties are on the side
provisions of Section 126 to print media and digital of ‘freebies’, and none of them favours taking freebies away.
intermediaries on the lines of 'electronic media' to help
On October 4, 2022 Election Commission of India in a
voters have an unprejudiced and calmer judgment.
communication to all recognized National and State
‘Freebies’ promised by political parties as bait for people political parties proposed amending the Part VIII
to vote for them has become a contentious issue. The (Guidelines on Election Manifestos) thereby appending a
Hon'ble Supreme Court in its judgment dated July 5, 2013 proforma that would seek details on revenue generation
in SLP (C) No.21455 of 2008 (S. Subramaniam Balaji v/s ways (additional tax, if any), rationalising expenditure
Govt of Tamil Nadu & Ors) though it refused to recognize (curtailing some schemes, if necessary), impact on
such promises as ‘corrupt practices’ under Section 123 of committed liabilities and/or raising further debt and its
RP Act, 1951 nonetheless admitted that such promises impact on Fiscal Responsibility and Budget Management
undoubtedly influence all people, and therefore shakes Act (FRBM).
the foundation of free and fair elections to a large degree.
The Hon'ble Supreme Court had directed that Election Other Reforms: Firstly, at present the power to frame
Commission of India, in consultation with political rules/regulations under the statutes is vested in the Union
parties, frame guidelines regarding contents of the Government. Section 28 of the Representation of the
election manifestos even if they were issued before the People Act, 1950 and Section 169 of the Representation of
Model Code of Conduct came into force. the People Act, 1951 authorise the Government to frame
rules in consultation with Election Commission of India.
Election Commission of India, after due consultations However, since the Government is not bound to accept the
with political parties, incorporated a guideline in the
advice of the Commission, the rules framed or amended
Model Code of Conduct as below- have sometimes not been in line with the Commission's
“In the interest of transparency, level playing field and views. The Election Commission favours an amendment in
credibility of promises, it is expected that manifestos also the twin statutes to vest the rule-making authority with the
reflect the rationale for the promises and broadly indicate Commission after consultation of Ministry of Law and
the ways and means to meet the financial requirements Justice. This reversal of arrangement can accelerate the
for it. Trust of voters should be sought only on those enforcement of enactments.
promises which are possible to be fulfilled.”
Secondly, the protection available to the Chief Election
It was sent to President/General Secretary/Chairpersons Commissioner under Article 324 (5) against removal from
of all recognized National and State Political Parties on office, except in a manner and on ground, as a judge of a
February 19, 2014. Supreme Court should be extended to other Election

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