The problem with the model code of conduct of the Election Commission during the elections is that it lacks teeth. We have seen many cases where the candidates have got away with murder, literally.
The Election Commission do not have quasi judicial authority to hear cases pertaining to elections. The final verdict has to be given by the Courts, and we know what happens when a case goes to the court.
Take the case of alleged malpractices by P Chidambaram during the last elections in Sivaganga. He was trailing by nearly 5000 votes till the end, when by some sleight of hand, he turned the deficit into victory, when he came to know that the national trend was favouring Congress. The case is pending at the Courts, but the damage is done. He has served more than 60% of his tenure, and that too as Home Minister, where his policies have a lasting impact on the Country. Suppose the Court were to find him guilty of malpractice. Then what? He loses his seat - that is if he doesnt appeal in the higher courts. If he does, then the final decision is likely to be handed down after a decade, if at all! Meanwhile, he has been holding an important Constitutional post, when his basic eligibility to be in that post is in question. Will Parliament delete all remarks made by him or nullify all his executive decisions? No way.
Why can't we have a system where we have separate courts or even the Election Commission being given quasi judicial powers to dispose of election related cases within 6 months of any election? But who will bell the cat? No political party wants to touch the issue with a barge poll.
Similarly is the case of money flowing freely during elections. Hundreds of crores pass hands during elections. This is an open secret. But has any candidate ever been punished for it. Well. I havent heard.
Now take the case of Salman Khurshid. He violated the model code of conduct, and he was censured by EC. Instead of being contrite, he has reiterated his stand of promising quota to Muslims under OBC category, thereby cocking a snook at the EC. EC has written to President, who in turn has forwarded it to PMO. And guess what will the PMO do. It will forward it to the Law Ministry. And who is the Law Minister? Salman Khurshid himself!!!
Need I say anything more?
Anna Hazare is fighting against the corruption. But corruption is not the root cause. It is our election process that breeds corruption. Clean the Election Process, and ensure speedy justice, have the guilty punished swiftly, and you put the fear of God in potential wrong doers.
Which brings us back to the old story of reforming our judicial system. Our Judicial system is dysfunctional, tediously slow and justice is denied to all and sundry. We hear about rare cases where justice is in fact done. But by then the criminal is so old, he can barely make it to the jail - Dont believe me? Ask Sukhram!!
