How sending notice to party, not candidate, for poll code violations marks a shift in EC response

In the past, the EC has sent general advisories to parties but whenever there is an MCC violation complaint against an individual, the notice goes to the individual rather than the party.

This time, however, the EC has sent notices to BJP and the Congress on complaints against Prime Minister Narendra Modi and Rahul Gandhi. In the notices, it has underlined that individual star campaigners are responsible for their own speeches and the EC may, on a "case-by-case basis," hold political parties accountable for any MCC violations by their campaigners.

A former Election Commissioner said that the EC's move is fraught. "If you issue a notice to a party for the comments of a leader, how much of a room do you have to act against the leader?," he told The Indian Express. "Also, let's say the party's reply is unsatisfactory. What action will you take against the party? Their intent with this (move) is not clear."

The change in EC's stance is more significant against the backdrop of high-profile political leaders who have been served notices directly by the Commission for MCC breaches in the past.

Be it Sonia Gandhi in 2007 during the Gujarat Assembly election or Modi in November 2013, or Amit Shah in 2014 when he was BJP General Secretary, all were issued notices directly by the EC.

However, it's pertinent to note that no sitting Prime Minister, to date, has been issued a notice on a MCC violation complaint.

According to an EC official, Thursday's notices are a part of a "calibrated approach" that Chief Election Commissioner Rajiv Kumar had announced during his press conference on Lok Sabha elections on March 16, where tougher actions would be taken against campaigners who are "repeat offenders."

"The level of responsibility is not only being raised, but being legally linked to that of the political party to whom the star campaigner belongs. Even political party at the time of their registration with the Election Commission commit to stick to the ideals of the Constitution and we have reminded them about it," the official told The Indian Express.