The model code of conduct has, once again, attracted national attention because of its egregious violation by senior politicians during the election campaign for the 18th Lok Sabha. Political parties are duty bound to obey the code as it was framed by the Election Commission of India (ECI) on the basis of a consensus among all political parties in order to have a peaceful, orderly and civilised election. However, as elections in India are a no holds barred war, this consensus often breaks down with party leaders losing no opportunity to hit their opponents below the belt. Of late, elections are a free for all. Distortions, blatant falsehoods, mischievous misinterpretations, slanging matches — all are par for the course.
The Constitution mandates the ECI to conduct elections in a free and fair manner. In fact, free and fair elections are a part of the basic structure of the Constitution. Article 324 confers on the Election Commission, plenary powers to enable it to ensure a free and fair election. In Election Commission of India vs State of Tamil Nadu and Others (1993), the Supreme Court of India restates the role and powers of the Commission in the following words: “The ECI is a high constitutional authority charged with the function and the duty of ensuring free and fair elections and of the purity of the electoral process. It has all the incidental and ancillary powers to effectuate the constitutional objective and purpose. The plenitude of the Commission’s powers corresponds to the high constitutional functions it has to discharge.”
