[Marxistindia] On amendment to MCC - CPI(M) General Secretary's letter to ECI

[news from the cpi(m)]

October 14, 2022

Press Release

 

Sitaram Yechury, General Secretary of Communist Party of India (Marxist),
has written the following letter to the Chief Election Commissioner,
Election Commission of India demanding withdrawal of the proposed amendment
to the Model Code of Conduct. We are herewith releasing the text of the
letter for publication.

 

 

***

 

Dear Shri Rajiv Kumar ji,

 

This is with reference to the Commission's letter dated October 4, 2022
regarding the amendment to the Model Code of Conduct on promises made in
election manifestos.

 

The Communist Party of India (Marxist) is of the considered opinion that the
proposed amendment is uncalled for and should not be proceeded with for the
following reasons:

 

1) Article 324 of the Constitution mandates the Election Commission with the
superintendence, direction and control of elections.  It does not provide
for the Election Commission to regulate or evaluate the policy
pronouncements and promises of welfare measures of political parties to the
people at the time of an election.  The proposed amendment to the Model Code
of Conduct and the proforma for disclosure of the details of poll promises
and their financial implications will get the Commission involved in
political and policy matters which do not fall under its purview.  

 

2) The proforma enters into areas such as quantification of the financial
implications of the promises made and the fiscal sustainability of the
additional resource raising plan for fulfilling the promises.  These are
political and policy issues and there can be divergent views of what
constitutes "fiscal sustainability". For instance, our Party is critical of
the fiscal deficit limit fixed at 3 per cent of GDP in the Fiscal
Responsibility and Budget Management Act. There are alternatives to the
current prevailing ideas of fiscal conservatism.

 

3) The Election Commission had submitted an affidavit to the Supreme Court
in April this year in a case being heard for reconsideration of the
Subramaniam Balaji judgment.  In that affidavit, the Commission had stated:
"It is also stated that offering/distribution of any freebies either before
or after the election is a policy decision of the party concerned. And
whether such policies are financially viable or have adverse effect on the
economic health of the State is a question that has to be considered and
decided by the voters of the State". 

 

The Election Commission had also submitted that it cannot regulate State
policies and decisions which may be taken by the winning party when they
form the government.  "Such an action, without enabling provisions in the
law, would be an overreach of powers".

 

This was a correct and valid stand taken by the Commission.  It is,
therefore, surprising that the Commission seems to have had a change of mind
and proposes to be more intrusive into a sphere which pertains to political
parties and the people.

 

4) The Supreme Court bench headed by the then Chief Justice of India, N V
Ramana, which heard the petition asking for a reconsideration of the
judgment given in the Subramaniam Balaji case, decided on August 26, 2022
that the matter be heard by a three-member bench to be decided by the new
CJI.  So, the matter of election promises and the issue of `freebies' etc.
are still pending before the Supreme Court.

 

In such a situation, the Commission's initiative to amend the Model Code of
Conduct by introducing a proforma, which infringes on the rights of
political parties to address people's concerns and offer them policy and
welfare measures, is unwarranted.  

 

The CPI(M), therefore, wants the Commission to  withdraw the proposal to
amend the Model Code of Conduct.

 

Yours sincerely

Sd/-

(Sitaram Yechury)

General Secretary, CPI(M)

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://cpim.org/pipermail/marxistindia_cpim.org/attachments/20221014/cbf22d42/attachment.html>