Has the Election Commission violated the Constitution?

It deliberately chose to give the four ‘star campaigners’ of the Lok Sabha elections preferential treatment by not taking action for breaching the poll code.

Has the Election Commission violated the Constitution?

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In a report in Scroll on June 3, Ayush Tiwari raises some very worrying issues. The piece opens with the following paragraph:

“Chief Election Commissioner Rajiv Kumar told Scroll on Monday that the Election Commission had deliberated over poll code violations during the 2024 general elections at length and had decided to not admonish two top leaders each from the Bharatiya Janata Party and the Indian National Congress – Narendra Modi and Amit Shah of the Bharatiya Janata Party and Rahul Gandhi and Priyanka Gandhi Vadra of the Indian National Congress.” (Italics added.)

Later in the piece, the chief election commissioner tells Tiwari:

“We deliberately decided – this is such a huge nation – that the top two people in both the parties we did not touch. Both party presidents we touched equally. … Why did we leave two this side and two that side? The persons in position in this huge country also have responsibility. We reminded them of their responsibility.” (Italics added.)

The headline of Tiwari’s piece “CEC on Modi’s anti-Muslim speeches” is unambiguous about the issue at hand – it is “anti-Muslim speeches”. The speeches in question were undoubtedly made in the context of the Lok Sabha election and therefore were violations of the Model Code of Conduct in which the Election Commission of...

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