Central Theme:

The editorial critiques the Election Commission of India (ECI) for overstepping its constitutionally defined role and emphasizes that its powers are not absolute, especially in light of recent actions involving the Prime Minister’s speeches during the 2024 elections.

🏛️ Key Arguments Made by the Author:

1. ECI’s Role is Not Omnipotent

• Constitutional Limitation: The ECI is a constitutional body under Article 324, but its powers are subject to laws made by Parliament.
  
  
• Conduct of Elections: It has a specific mandate—to conduct free and fair elections—not to regulate the content of political speeches unless laws are violated.
  
  

2. Case of PM Modi’s Remarks

• The ECI cleared Prime Minister Narendra Modi’s controversial remarks made during campaigning.
  
  
• The editorial criticizes this action, arguing that such clearance may legitimize hate speech or divisive comments.
  
  

⚖️ Legal and Constitutional Interpretation:

a) Article 324

• Grants ECI powers for “superintendence, direction, and control” of elections.
  
  
• However, does not give it unbounded powers. Parliament has made laws like the Representation of the People Act, 1951 to govern electoral conduct.
  
  

b) Model Code of Conduct (MCC)

• Not legally binding.
  
  
• Violations can be morally or ethically censured but not prosecuted unless specific laws are broken.
  
  
• Thus, clearing the PM based on MCC alone is inadequate, argues the author.
  
  

c) Supreme Court Judgments

• The author cites Mohinder Singh Gill (1978): ECI’s powers under Article 324 are limited by the legal framework provided by Parliament.
  
  
• People’s Union for Civil Liberties (2003): Asserted the importance of voter awareness but again emphasized legal bounds.
  
  

🧠 Philosophical and Democratic Concerns:

• Democracy & Accountability:

• ECI’s inaction or biased decisions during elections can shake public trust in democracy.
  
  
• The electoral arena should not be a free-for-all where powerful individuals can use hate or religion unchecked.
  
  

• Free Speech vs. Electoral Integrity:

• Freedom of speech is not absolute during elections.
  
  
• Hate speech, invoking religion, or targeting communities violates electoral laws, not just MCC.
  
  

🚨 Warning Against Misuse of ECI Powers:

• ECI must avoid acting as a political tool or rubber stamp.
  
  
• Should refer questionable speeches for legal scrutiny under IPC, RPA 1951, etc., instead of just issuing moral advisories.

🧾 Conclusion:

The article is a call to constitutional morality and institutional responsibility. It demands that the ECI:

• Acts within the constitutional limits,
  
  
• Upholds the spirit of democracy, and
  
  
• Avoids giving a free pass to power-holders under the garb of Model Code compliance.

GS Paper II – Polity & Governance

10 Marker (150 words)

“The Election Commission’s powers under Article 324 are not absolute but bounded by law.” In the context of recent controversies, discuss the limitations and responsibilities of the ECI.