The commission’s response to past instances of such alleged offences by the prime minister has raised questions about its impartiality and the enforcement of the Model Code of Conduct (MCC), which is intended to ensure a level playing field during elections. In fact, the commission has been at the centre of several controversies regarding its decisions to give a clean chit to Modi over allegations of provocative speeches.

In the run-up to the 2019 general elections, the commission had cleared Modi in several cases where he was accused of violating the MCC. One such instance involved comments made about Rahul Gandhi contesting from Wayanad, where Modi suggested that the Congress was seeking refuge in areas where the majority is in the minority. The ECI found no violation of the MCC in this case. Similarly, Modi’s appeal to first-time voters to dedicate their votes to the soldiers who carried out the Balakot air strikes and the martyrs of the Pulwama attack was also deemed not to violate the MCC.

Another notable instance was Modi’s ‘nukes not for Diwali’ remark, where he implied that India’s nuclear arsenal was not just for show, in a veiled threat to Pakistan. This too was cleared by the ECI, despite concerns that it might contravene advisories against the politicization of the armed forces. These decisions by the ECI were met with criticism from various quarters, including opposition parties and civil society, who argued that the ECI was failing to act as an unbiased arbiter. The clean chits to Modi were seen by some as a sign of the ECI’s leniency towards the ruling party, raising doubts about the effectiveness of the MCC.

The MCC is a set of guidelines that govern the behaviour of political parties and candidates during elections. It covers a range of issues, including speeches, polling day conduct, and the use of government resources for campaigning. The purpose of the MCC is to prevent any party or candidate from gaining an unfair advantage and to maintain the integrity of the electoral process.

The ECI’s role is crucial in maintaining the sanctity of the electoral process as it is tasked with ensuring that the conduct of political parties and candidates during elections is in line with the MCC. However, the clean chits to Modi have led to a perception that the ECI may be under pressure from the government or reluctant to take action against high-profile leaders.

The Election Commission finds itself at the crossroads of democracy and controversy in the wake of such persistent criticism. The commission, as the guardian of electoral integrity, faces a delicate task. It must weigh the PM’s words against the principles of free speech and fair campaigning. The complaint lodged against Modi’s ‘infiltrators’ remark is a very serious issue and the commission’s response will shape the narrative as the nation heads to the polls and resonate beyond Rajasthan, shaping the contours of electoral discourse.

The opposition parties allege that the Prime Minister invoked religion and religious symbols to create enmity between groups and that the only available remedy is the disqualification of the candidate who tries to create a divide between different classes of the citizens regardless of his stature or position.

But Modi remains undeterred. He has virtually repeated his charge in his subsequent election rallies. In fact, he went on a further offensive in his rally in Chhattisgarh, where he used the comments by Sam Pitroda, the leader of Overseas Congress and an advisor to the top leadership of the Congress party, to drive his point deeper. Pitroda had cited the inheritance tax in the United States, under which only 45 percent of a deceased person’s wealth is passed on to the inheritors while 55 percent is kept by the government. The Congress party has since disowned Pitroda’s remarks.

During his Chhattisgarh speech, Modi alleged that the opposition party plans to tax inheritance passed down from parents to their children.

"The wealth you accumulate with your hard work won't pass down to your children. The Congress's hand will snatch it. The Congress's mantra is 'loot during your lifetime, loot after your death'," Modi said. His body language suggested he was least bothered by what the Election Commission would do on the complaint against his alleged hate speech a day earlier. That is a sad commentary on his idea of the commission. (IPA Service)