FREE VACCINE PROMISE MAY NOT VIOLATE CODE, SAY FORMER CECS

NEW DELHI: The Bharatiya Janata Party’s manifesto promise to provide the Covid-19 vaccine for free to the people of Bihar isn’t necessarily a violation of the Model Code of Conduct, people familiar with the matter told Hindustan Times.

Union finance minister Nirmala Sitharaman on Thursday, while releasing the party’s manifesto for the upcoming polls in Bihar, announced that the Covid-19 vaccine is all but ready and will be provided for free to everyone in Bihar. Sitharaman’s declaration caused outrage, with the opposition asking the Election Commission to take suo-moto cognizance of the matter since the polls are barely a week away.

People familiar with the matter, however that under section 123 (2) of the Representation of People’s Act, 1951, “a declaration of public policy, or a promise of publication, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause”. The clause details what can be considered ‘ undue influence”.

According to experts, a manifesto provides political parties the freedom to make announcements they can’t make as the government. “The parties have a right to make such promises,” said former chief election commissioner Vikram Sampath. “Whether it is undue influence or not is for the voter to decide. One can’t take exception to parties making poll promises.”

Former CEC N Gopalaswami said that if a government in office makes such a declaration, it cannot be construed as undue influence, but not when a political party says it in its manifesto, it is kosher. “Manifesto allows you to say things you otherwise can’t say,” Gopalaswami said.

Whether it is undue influence or not is for the voter to decide. One can’t take exception to parties making poll promises. VIKRAM SAMPATH, EX-CEC