Examining whether PM's broadcast on public media violated Model Code of Conduct
The article discusses whether the Prime Minister's April 18 broadcast, aired live on Doordarshan, Sansad TV, and All India Radio, violated the Model Code of Conduct (MCC) during the election period. The MCC prohibits the party in power from using public resources and government machinery for campaigning. The broadcast raised questions under both the MCC and Sections 123(3) and 123(7) of the Representation of the People Act, 1951, regarding corrupt practices and assistance from government servants. While Section 123(3) focuses on appeals based on religion, race, caste, community, or language, Section 123(7) addresses the procurement of government servants' assistance. The Election Commission's inaction on the complaints has been highlighted.
Key Points
- The Prime Minister's broadcast on public media during elections raised questions about MCC violation.
- The MCC prohibits the misuse of public resources and government machinery for partisan campaigning.
- Relevant legal provisions include Sections 123(3) and 123(7) of the Representation of the People Act, 1951.
- Section 123(3) deals with appeals based on specific identity categories, while Section 123(7) concerns assistance from government servants.
- The Election Commission has not yet acted on the complaints regarding the broadcast.
Exam Facts
- The Model Code of Conduct (MCC) was first drafted in 1960 by the Kerala government and formalized by the EC in 1968.
- Part VII of the MCC, concerning the "party in power," was added in 1979.
- Sections 123(3) and 123(7) of the Representation of the People Act, 1951, are key legal provisions.
- The Supreme Court case Mohinder Singh Gill v. Chief Election Commissioner (1978) described Article 324 as a "reservoir of power."
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