Recent developments in the Indian election commission saw Ex-Telecom Minister A. Raja delisted from the list of star campaigners. This action was taken following his infringement of the Model Code of Conduct (MCC) during a recent election campaign.
Star Campaigners
Star campaigners play an essential role in Indian elections, acting as celebrity vote seekers for a political party. They can be a renowned politician or a popular film star, and there is no existing law that dictates who can or cannot be recognised as such. The Election Commission of India (ECI) issues guidelines under the MCC to regulate their actions during poll campaigns. Political parties nominate star campaigners, specifying their constituencies and duration of status.
Nomination and Roles of Star Campaigners
‘Recognised’ National or State parties, as declared by the ECI, can nominate up to 40 star campaigners, while unrecognised political parties can nominate up to 20. These star campaigners provide individual candidates with more scope for expenditure because their campaigning costs do not contribute to a candidate’s poll expenditure. However, this relief is only applicable if the star campaigner limits themselves to general party campaigning.
Expenditure and Responsibilities of Star Campaigners
The Representation of People’s Act makes it clear that these expenses are to be shouldered by the political parties. The MCC also provides guidelines regarding the prime minister’s role as a star campaigner. Any security expenditure, including bullet-proof vehicles, will be government-funded and not added to a party or candidate’s election expenses. However, if another campaigner accompanies the prime minister, the individual candidate would bear 50% of the security arrangement costs.
Implications of Delisting from Star Campaigner List
According to Section 77 of the Representation of the People Act, 1951, political parties have the autonomy to decide on their ‘leaders’. The delisting of a star campaigner results in the withdrawal of the right to campaign without adding to a candidate’s electoral expenditure.
Model Code of Conduct (MCC)
The MCC, issued by the ECI, provides guidelines to regulate political parties and candidates before elections. These norms help ensure free and fair elections for Parliament and State Legislatures, as mandated by Article 324 of the Constitution. The MCC comes into effect from the date of election announcement till the result declaration date.
Legal Status of MCC
Although the MCC is not statutory, it is expected that Political Parties, Candidates and Polling Agents will observe the norms. Some provisions of the MCC can be enforced through corresponding provisions in other statutes such as the Indian Penal Code 1860, Code of Criminal Procedure 1973, and Representation of the People Act 1951.
Recommendations Concerning MCC
Several propositions have been made regarding the MCC over the years. In 2013, a recommendation was made to make the MCC legally binding and include it in the RPA 1951. Furthermore, the Law Commission of India report in 2015 suggested introducing restrictions on government-sponsored advertisements six months prior to the expiry of the House/Assembly. This suggestion was made because the current MCC only comes into operation from the date of the ECI announcing elections, allowing the government to release advertisements beforehand.
Last Modified: February 11, 2024