Chairman of the parliamentary standing committee on personnel, public grievances, law and justice Shantaram Naik on Saturday suggested that issuing such elaborate instructions to regulate social media campaigns of candidates and political parties did not fall within the jurisdiction of the EC, as Article 324 of the Constitution merely gave it supervisory jurisdiction in matters of conduct of elections and preparation of electoral rolls.
By issuing the instructions, Naik said in a statement, the commission "has created a new 'law' which has not been passed by Parliament nor do the guidelines form part of any rule making power of the government". He wondered how the EC could issue the instructions that "are in the nature of a substantive law" without consulting either the government or the political parties".
The commission had on Friday issued detailed guidelines to regulate content posted on internet/social media by the political parties or candidates and sought accounting of expenses incurred on all such activity.
Soon after, Naik spoke to deputy election commissioner Vinod Zutsi to convey the parliamentary panel's reservations over the EC's practice of issuing instructions without quoting the relevant laws. Naik told Zutsi that though contents of some of the instructions may be desirable, issuing them much after announcement of polls defies logic and also tends to take the candidates and political parties by surprise.
Commenting on the guideline that requires the candidate to declare his social media accounts in the poll affidavit to be filed along with his nomination papers, Naik said making changes in the nomination form, prescribed under a statute, cannot be done unilaterally and political parties should be heard in such matter. "Only that authority which is empowered to make changes in the prescribed forms, must do it, whether adding additional columns as regards social media account or email ID," he said.
On the instruction asking all political advertisements to be pre-certified before being posted on social media or internet, Naik said the EC, in the interest of transparency, was duty-bound to quote the provision of statute which enables the Commission to issue such instructions.
"If the Commission quotes Article 324 of the Constitution, which , they have , in any case not quoted in the instructions, it will not be fair from any angle as the Article gives only supervisory jurisdiction to the commission in the matter of conducting of elections and preparation of electoral roll," Mr Naik said in his statement.
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