The Election Commission has clearly had its hands busy in Bihar. Over the last few days, it has had to send show-cause notices to leaders from across the political spectrum: Amit Shah, Bharatiya Janata Party; Rahul Gandhi, Congress; Lalu Prasad Yadav, Rashtriya Janata Dal and Sharad Yadav, Janata Dal (United). It has also banned two BJP ads from being used in newspapers, for having the potential to create hatred, ill-will and disharmony. One person who hasn't been issued a show-cause notice, however, has been Prime Minister Narendra Modi.

Now, it is true that the Election Commission, while doing a good job of conducting the election themselves, isn't always the most capable regulator as far as political speech goes. This is partly a matter of capacity and partly a question of authority. The commission simply doesn't have the manpower to monitor and regulate all campaigns.

For example, despite being served a show-cause notice for having claimed that "wherever the BJP goes, it causes Hindus to fight with Muslims", Congress Vice President Rahul Gandhi has continued to repeat that charge in subsequent speeches.

Even though we are all aware that election campaigning regularly goes far off the tracks from what is considered the model code of conduct, the EC does attempt to lay down the law where it can. The BJP advertisements are a case in point.

One of the ads claimed that the Grand Alliance was planning to snatch the plate of Dalits and Backward Classes and transferring reservation quotas allotted to them to minorities instead. The other questioned whether it was okay, for the sake of vote-bank politics, to defend terrorists.

"On said perusal, the Commission is of the firm view that both the advertisements have the potential of aggravating the differences between different classes of citizens of India and also creating mutual hatred, ill-will and disharmony," the commission said in a notice on October 30, banning the advertisements.

Here's what Modi said on November 2 at a rally in Bihar:
"Do you want such people to rule in Patna who play with the country's security, those who shelter terrorists and encourage them? Do you want a government of such people? Do you want terrorism to enter this land of Bihar? Do you want Bihar to become a land of bomb blasts?"

 

Further still, the prime minister reiterated his claim that both Grand Alliance leaders, Nitish Kumar and Lalu Prasad Yadav intended to take quotas away from the scheduled caste and backward classes and give them, on religious lines, to "a particular community".
"They sought review of reservation in Parliament and from a common platform on July 23 and 24, 2005. They wanted to reduce the reservation for dalits, tribals and backwards and to give it on religious lines to a particular community, so they could remain in power... I have punctured their balloon and they are now unable to stand up and face the public."

Naturally the Grand Alliance has denied the first claim, of sheltering terror, and while the BJP has managed to unearth a video of Nitish Kumar insisting that religion has little bearing on caste, which only reflects the reality in Bihar where Muslim communities do figure in both the Other Backward Caste and Extremely Backward Caste lists. Kumar and Yadav have clearly asserted that they have not called for reservation on religious grounds.

Yet Modi felt free to continue making those charges, even though BJP ads making these claims were banned for potentially fostering disharmony.

This isn't to suggest that other leaders haven't exceeded the limits of the model code or that they continue to violate it with impunity. Indeed, as was pointed out, Rahul Gandhi continues to do so despite a show-cause notice being issued to him. The only difference is, in Modi's case, even though his party was hauled up for making those charges in print, there has been no censure for doing so in rallies yet.