Syllabus
GS Paper 2 – Salient features of the Representation of People’s Act
Applications where to apply?
When asked about
– Election Campaigning
– Model Code of Conduct
– Free and Fair elections
Context
Star campaigners are an integral part of election campaigning for 2024 Lok Sabha elections.
Source
The Hindu| Editorial dated 23rd April 2024
What are rules around star campaigners?
The Representation of Peoples Act outlines the legal framework governing the appointment and activities of ‘star campaigners’ during election campaigns. These individuals, designated by political parties, are tasked with rallying support and advocating for their respective parties’ agendas. However, concerns have been raised regarding their conduct and the impact of their activities on election expenditure and campaign decorum.
Star Campaigner
Star campaigners are individuals appointed by political parties, usually their top leaders or celebrities, to campaign on behalf of the party during elections. They play a crucial role in mobilizing support and garnering votes for the party’s candidates.
Section 77 of the Representation of the People Act, 1951: Defines the law regarding expenditure incurred by ‘leaders of a political party’, commonly known as ‘star campaigners’.
Features of Star Campaigners
- Appointment by Political Parties:
- Star campaigners are appointed by recognized political parties, both at the national and state levels.
- These individuals must be members of the party that appoints them.
- Limit on Number:
- The Representation of the People Act, 1951 (RP Act) specifies the maximum number of star campaigners that a political party can appoint.
- Recognized national or state parties can appoint up to 40 star campaigners, while registered unrecognised parties can appoint up to 20.
- Communication to Election Authorities:
- The names of star campaigners must be communicated to the Election Commission (EC) and Chief Electoral Officer (CEO) of the States within seven days from the date of notification of the election.
- Exclusion from Candidate Expenditure:
- Expenditure incurred by star campaigners for travel and campaigning on behalf of the party is not considered part of the election expenditure limit of the party’s candidates.
- This allows candidates to benefit from the campaigning efforts of star campaigners without exceeding their expenditure limits .
- Apportionment of Expenditure:
- If star campaigners seek votes for specific candidates or share the dais with them during rallies or meetings, the expenses incurred for such events are apportioned to the election expenditure of the respective candidates.
Prime Minister as Star Campaigner
- The MCC guidelines say when a prime minister or a former prime minister is star campaigner, the expenditure incurred on security including on the bullet-proof vehicles will be borne by the government and will not be added to the election expenses of the party or the individual candidate.
- However, if another campaigner travels with the prime minister, the individual candidate will have to bear 50% of the expenditure incurred on the security arrangements.
Benefits of Star Campaigners
- Expenditure Exemption: The RP Act exempts expenditure incurred by star campaigners on travel and campaigning from being counted towards the election expenditure limit of individual candidates. This allows parties to mobilize resources effectively without burdening their candidates.
- Enhanced Visibility: Star campaigners often attract significant media attention and public interest, thereby increasing the visibility and reach of their party’s campaign messages.
- Strategic Advantage: Parties leverage the popularity and influence of star campaigners to sway undecided voters and consolidate support, especially in key constituencies.
Issues and Challenges
- Violations of Code of Conduct: Instances of star campaigners engaging in inappropriate rhetoric, including personal attacks and appeals to caste or communal sentiments, have been observed. Such conduct undermines the integrity of the electoral process and may incite discord.
- Questionable Expenditure Assessment: There are concerns regarding the accuracy and transparency of assessing expenditure incurred during rallies and meetings led by star campaigners. Discrepancies in expenditure reporting may lead to unfair advantages or distortions in campaign finance regulations.
- Lack of Accountability: Current regulations grant political parties the authority to appoint or revoke the status of star campaigners, without sufficient oversight or accountability mechanisms in place.
Actions Needed
- Empowerment of EC: Amend the law to authorize the Election Commission to revoke star campaigner status in cases of serious violations of the Model Code of Conduct, ensuring responsible campaigning and maintaining decorum.
- Robust Expenditure Assessment: Improve the assessment and apportionment of rally/meeting expenses to accurately reflect actual expenditure and prevent underestimation.
- Compliance and Accountability: Ensure compliance with campaign guidelines and hold accountable those who violate norms, promoting fair and transparent election practices.
Conclusion
To address the challenges posed by the role of star campaigners in elections, there is a need for legislative reforms and enhanced regulatory oversight. Empowering the Election Commission to revoke the star campaigner status in cases of misconduct and ensuring more robust assessment of campaign expenditure are essential steps towards promoting transparency and accountability in electoral processes.
Related Topics
Model Code of Conduct (MCC)
- The MCC is a consensus document.
- The political parties have themselves agreed to keep their conduct during elections in check and to work within the Code.
- It helps the EC in keeping with the mandate it has been given under Article 324 of the Constitution, which gives it the power to supervise and conduct free and fair elections to the Parliament and State Legislatures.
- The MCC is operational from the date on which the election schedule is announced until the date of the result announcement.
- The government cannot announce any financial grants, promise construction of roads or other facilities, and make any ad hoc appointments in government or public undertaking during the time the Code is in force.
- Though the MCC does not have any statutory backing, it has come to acquire strength in the past decade because of its strict enforcement by the EC.
- Certain provisions of the MCC may be enforced by invoking corresponding provisions in other statutes such as the Indian Penal Code (IPC) 1860, Code of Criminal Procedure (CrPC) 1973, and Representation of Peoples’s Act (RPA) 1951.
Related PYQ
To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? [UPSC Civil Services Exam – Mains 2017]
Practice Question
Discuss the legal provisions governing the appointment and role of ‘star campaigners’ in election campaigns in India. Highlight the benefits they offer to political parties and the challenges associated with their conduct. [250 words]