Madras High Court on Use of Public Funds for Campaigns

Madras High Court on Use of Public Funds for Campaigns

The Election Commission of India (ECI) has sufficient authority to put checks and balances in place that allow a minister or the like to enjoy the status yet not spend official funds for campaigning.

About the Case

It was seen that a political party filed the PIL in the Madras High Court. It seeks a direction to ECI to prohibit ministers, the Leader of the Opposition, and all others holding public office from campaigning on behalf of their party’s candidates. The petitioner alleged that these people end up misusing their public office during elections. It becomes a disadvantage for the other candidates in the fray.

Observation of the Court

The court state that the ECI has sufficient authority to put in place checks and balances. It can allow Ministers to enjoy their official status and simultaneously can prevent them from spending government funds for campaigning or election purposes.

However, security concerns for higher officials like Chief Ministers and those holding Cabinet positions at the Centre shall also be considered.

But the EC can still put some guidelines in place in addition to the existing guidelines. It is indicated in the model code to ensure government funds are not used for campaigning purposes, which is a usual exercise at present.

Model Code of Conduct (MCC)

The Model Code of Conduct is a set of guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, portfolios, election manifestos, processions and general conduct.

These set of norms has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code in its letter and spirit.

The Model Code of Conduct comes into force immediately on announcement of the election schedule by the commission for the need of ensuring free and fair elections.

Its main purpose is to ensure that ruling parties, at the Centre and in the States, do not misuse their position of advantage to gain an unfair edge.

Key points made in the MCC

• Criticism of other parties: The MCC states the parties and candidates should refrain from criticism of all aspects of private life which are not connected with the public activities of party leaders and workers.
• Appealing for votes: The MCC prohibits parties and candidates from appealing caste or communal feelings for securing votes.
• On ‘corrupt practices’: The MCC says parties and leaders should avoid corrupt practices and offences under the election law such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations.
• Supporters’ behaviour: “Political parties and candidates should ensure that their supporters do not create obstructions in or break up meetings and processions organised by other parties”, states the MCC.
• Tours of ministers: As per the provisions of MCC, state and central ministers are prohibited from combining their official work with electioneering.
• Polling day: The MCC says that parties and candidates should refrain from serving or distributing liquor on polling day and during the silent period.
• Publishing of advertisements: The party in power in the state and Centre should avoid issuing advertisements in electronic and print media highlighting the achievements of the government at the cost of public exchequer.
• Transfer of officials: There is a total ban on the transfer of officials connected with the conduct of election work from the date of enforcement of MCC till the completion of the election process.