Editorial 1 : The fraying of the model code of conduct
Context
The model code of conduct has, once again, attracted national attention because of its egregious violation by senior politicians during the election campaign for the 18th Lok Sabha.
Obeying the code
- Political parties are duty bound to obey the code as it was framed by the Election Commission of India (ECI) on the basis of a consensus among all political parties in order to have a peaceful, orderly and civilised election.
- However, as elections in India are a no holds barred war, this consensus often breaks down with party leaders losing no opportunity to hit their opponents below the belt.
- Of late, elections are a free for all. Distortions, blatant falsehoods, mischievous misinterpretations, slanging matches — all are par for the course.
- The Constitution mandates the ECI to conduct elections in a free and fair manner.
- In fact, free and fair elections are a part of the basic structure of the Constitution. Article 324 confers on the Election Commission, plenary powers to enable it to ensure a free and fair election.
- In Election Commission of India vs State of Tamil Nadu and Others (1993), the Supreme Court of India restates the role and powers of the Commission in the following words: “The ECI is a high constitutional authority charged with the function and the duty of ensuring free and fair elections and of the purity of the electoral process. It has all the incidental and ancillary powers to effectuate the constitutional objective and purpose. The plenitude of the Commission’s powers corresponds to the high constitutional functions it has to discharge.”
Key provisions
- The model code of conduct was framed by the Commission to ensure that the elections are free and fair and the electoral process remains pure.
- Also, a level playing field is a necessary condition to ensure that elections are free and fair.
- The key provisions of the code are: no party or candidate shall indulge in any activity which may aggravate existing differences or create communal hatred or cause tension between different castes, communities — religious or linguistic; criticism of other political parties shall be confined to their policies and programs.
- No unverified allegations or distortions against other parties shall be allowed; there shall be no appeal to cast or communal feelings for securing votes; no party or its candidate shall indulge in corrupt practices or commit offences under the election law.
- So, it is the duty of the ECI to quickly examine those violations and take suitable action against the violators so that the purity of the electoral process is maintained.
On deterrent action
- It is common knowledge that the model code of conduct is not legally enforceable. So, it is not possible to seek any relief from the court for violation of the code.
- The only way open to the aggrieved party is to complain to the Commission and seek its intervention.
- It must be noted here that neither The Representation of the People Act nor The Conduct of Election Rules makes any provision for the model code of conduct.
- However, the Election Symbols (Reservation and Allotment) Order brought out by the ECI in 1968 makes a provision to deal with the violation of the Model Code of Conduct.
- The Symbols order was issued in exercise of the powers conferred by Article 324. Paragraph 16A of the Symbols order says that in case of violation of the model code of conduct or other direction or orders of the Commission, it can suspend the recognition of a party, or, in an extreme case, even withdraw its recognition.
A violation of oath
- A Minister, through the oath he takes, gives a solemn assurance to the people of the country that he will do right to all manner of people without favour or ill will.
- By speaking directly or indirectly against a section of the society, they demonstrate their inherent bias and ill will against them which is a violation of oath.
- The Constitution or the election law does not prescribe any punishment for violating the oath by Ministers.
- Section 125 of the Representation of People Act 1951, provides for a three-year sentence as maximum punishment for promoting feelings of enmity or hatred between different classes of citizens on the ground of religion.
- The apex court can give a standing direction to the ECI to initiate criminal proceedings under Section 125 of the Representation of People Act 1951 whenever such occasion arises and also take the violators off the campaign till the ongoing elections are over.
Conclusion
The top court has always laid stress on maintaining the purity of an election. promoting hatred between two sections of people on the ground of religion , cast or community is an evil practice. The Constitution puts a lot of powers in the hands of the ECI. These powers are meant to be exercised when the need arises.
Editorial 2 : Freshwater quest, the likely new gold hunt
Context
Statistics show that the total volume of water on earth is estimated at 1.386 billion km3, where 97.5% is salt water and 2.5% freshwater. Out of this freshwater, only 0.3% is in liquid form on the surface, which means that the rest of the freshwater is underground, including on or under the ocean bed.
A depleting resource
- Considering that freshwater is a depleting resource, countries will begin exploring for and exploiting freshwater from above or under their ocean bed, within their maritime zones.
- Eventually, countries will expand exploration beyond their Exclusive Economic Zone (EEZ), into what is commonly known as the “Area”, which is covered under Part XI of the United Nations Law of the Sea Convention, 1982 (UNCLOS).
- The “Area” under UNCLOS is defined as the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction and is referred to as the common heritage of mankind. This means that it is available for everyone’s use and benefit, keeping in mind the future generations.
The law of the sea
- Although UNCLOS arrays most of the internationally accepted law on the subject, customary international law continues to remain an important source of the law of the sea.
- While UNCLOS is known as a single comprehensive text covering the constitution and the governance of the oceans, it is interesting to know that the Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on Fishing and Conservation of the Living Resources of the High Seas and the Convention on the Continental Shelf (Geneva Conventions on the Law of the Sea, 1958) cover most of the issues as UNCLOS and these Geneva conventions are mostly platformed over customary international law.
- To complicate matters further, Article 311 of UNCLOS states that this Convention shall prevail as between states parties, over the Geneva Conventions on the Law of the Sea, 1958.
- Hence, not only is UNCLOS not applicable to these non-signatory states but also these countries do not recognise the doctrine of Exclusive Economic Zone (200 nm) or the “Area” (beyond 200 nm).
- Exploration and exploitation of the “Area” under UNCLOS is limited to the term “resources”, which is defined as all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the seabed, including polymetallic nodules — and resources when recovered from the Area are referred to as “minerals”.
- The International Seabed Authority is empowered under UNCLOS to administer and control the activities in the Area.
A zone of exploration
- As evident from current events, the next wars are expected to be fought over water and expansion.
- Given that in the years to come freshwater will become a very scarce and an expensive commodity, the Area will qualify as a potential zone for freshwater exploration and extraction.
- Just as oil wells are explored and capped for future use, fresh water wells may be identified and capped for future use.
Way forward
- Given that a large international community is diligently working towards Sustainable Development Goals and activities beyond national jurisdictions, arriving at an amicable non-controversial legislative text, addressing various lacunae in the laws of the sea, especially exploratory activities concerning freshwater from the Area, ought to be the next logical milestone.
- In this, India can take the lead role. This would be an area which would truly benefit mankind, rather than spending gallons of money, looking for water and proposing plans for human settlement on Mars and the moon.