|TOPIC:REPRESENTATION OF PEOPLE ACT(PAPER 2)|
“The model code of conduct is more moral but less legal”. Has the time come to give it a legal status so as to be legally binded on the political party? Comment.
About model code of conduct:
The model code of conduct which is more moral but less legal agreement or procedure which Sougth to be followed by the political party from the day on which the election to the Parliament or state legislature is announced. In state legislative assembly election, it is applicable within the particular state but in the Parliament it is applicable throughout the whole country.
The model code of conduct was formed by the consensus of all the political parties in order to provide a level playing field to the entire contestant and maintain the electoral ethics during elections.
The provisions which are laid down in the model code of conduct are as follow: –
- No use of the government or public money during the election by the ruling party.
- No use of the government transport building or any other platform which would give an edge to the ruling party.
- Votes should not be granted in the name of religion or caste.
- Hatred of the communalism should not be spread in the society to polarize the voting pattern.
- No new schemes or any monetary benefits should be unveiled by ruling political party.
- National symbols should not be misused.
- Use of the liquor or cash should be band around polling station.
- No personal attack against the each other
How far is it moral?
- Over the time the model code of conduct is violated again and again during the election. The voters are polarized in the name of religion and caste.
- Particular communities are provoked not to vote for a particular political party.
- Announcement of the freebies and the sops have become a common trend during election.
- Votes are casted In the Shadow of nationalism and hence the action taken by the army like the surgical strike and air strike is used to attract the voters even after regular warning by Election Commissioner.
- Cash and the liquor are distributed in ample amount to menu was the poor and illiterate voter
A model code of conduct is not back by any legal status, but there are many acts under CrPC and IPC which are applied to the different provisions of the model code of conduct.
For example, misusing symbol can be charged under the Prevention of insults to National honor act, 1971. If charged under criminal activity, they are tried under RPA act, 1951.
The election commission can either take the Suo Moto action air or on the complaint of other party but the constitutional body does not have any legal power to act against cancel the candidature of the candidate. It can only give warning to the alleged candidate or can file a petition in the high court of the state concerned.
The delay in the judicial system has further deteriorated the importance of model code of conduct. Sometimes the judgment comes even after the completion of the tenure of the candidate.
Should it be given a legal status?
Misuse of the model code of conduct and inappropriate action taken against them has lauded the demand for giving legal status to the model code of conduct.
But it should be kept in mind that giving legal status will further delayed the implementation of the model code of conduct as it will totally come under the ambit of judiciary.
It is also feared that if the legal power is given to the election commission, then it can be used as a tool to suppress the opposition by the ruling party.
There has been many Election Commissioner since independence but people still remember T N Seshan ,the then Chief Election Commission Commissioner because of his efficiency in implementing the model code of conduct. If the model code of conduct is to be given a legal status special dedicated Fast Track court should be setup.
The voters should be awared regarding the model code of conduct through advertisement on radio TV and it should be ethically linked to political party.
SOURCE: THE HINDU,THE INDIAN EXPRESS ,LIVE MINT..
|TOPICS: Important International institutions, agencies and fora- their structure, mandate (PAPER 2)|
- 2. Explain the key finding of the State of the World Population Report ,2019 released by United Nation Population Fund.
Recently United nation population fund(UNFPA) has released its state of the world population (SOWP) report,2019 .According to the report, the population growth of India is around 1.2% annually between 2010 and 2019 which is more than double the annual growth rate of China.
ABOUT UNITED NATION POPULATION FUND:
The United Nations Population Fund-UNFPA is an international development agency
that works on population and development, sexual and reproductive health, and gender.
In 1987, it was officially renamed the United Nations Population Fund. UNFPA began operations in 1969 as the United Nations Fund for Population Activities (the name was changed in 1987) under the administration of the United Nations Development Fund.
In 1971 it was placed under the authority of the United Nations General Assembly However, the original abbreviation, UNFPA (United Nations Fund for Population Activities), was retained.
The mandate of UNFPA is established by the United Nations Economic and Social Council (ECOSOC).
UNFPA is a subsidiary organ of the UN General Assembly.
KEY FINDINGS OF THE REPORT:
- The least developed countries recorded the highest population growth, with countries in Africa registering an average of 2.7% a year.
- Much of the overall increase in global population till 2050 is projected to occur in high fertility countries, mostly in Africa, or in countries with large populations, such as Nigeria and India.
- India’s population grew at 1.2% a year between 2010 and 2019, marginally higher than the global average of 1.1% a year in this period.
- Around half of India’s populations in 24 states have achieved the replacement fertility rates of 2.1 children per women, which is the desired family size when the population stops growing.
- However, the country’s large youth population will continue to fuel population growth even as the size of the ageing population increases.
- In India, the total fertility rate per woman declined from 5.6 in 1969 to 3.7 in 1994 and 2.3 in 2019.
- As of 2019, India’s population stood at 1.36 billion, growing from 942.2 million in 1994 and 541.5 million in 1969.
- 27% of India’s population was in the age bracket of 0-14 years and 10-24 years, while 67% of the country’s population was in the 15-64 age bracket. 6% of the country’s population was of the age 65 and above.
- India registered an improvement in life expectancy at birth. The life expectancy at birth in 1969 was 47 years, growing to 60 years in 1994 and 69 years in 2019.
- The findings on women aged between 15-49 years were published for the first time as part of United Nations Population Fund’s (UNFPA) State of World Population 2019 report.
- According to the analysis, the absence of reproductive and sexual rights has major and negative repercussions on women’s education, income and safety, leaving them “unable to shape their own futures”.
- Early marriage continues to remain an obstacle to female empowerment and better reproductive rights.
- The report highlights the threat to women’s and girls’ reproductive rights posed by emergencies caused by conflict or climate disasters
SOURCE: UNITED NATION DEVELOPMENT FUND (UNPFA) https://www.unfpa.org/swop-2019