Star Campaign

Star Campaigner

A star campaigner is a leader who seeks vote for his party during the election. He or she can be a politician or even a film star. There is no strict law governing who can or cannot be made a star campaigner. It depends on the party whom to choose as the star campaigner for the election. It is a status that the political parties contesting an election give to certain big names who the parties feel can fetch more votes from people with special campaigning style.

How many star campaigners can be there?

Since political parties appoint star campaigners, the Election Commission has issued guidelines the Model Code of Conduct regulating poll campaign by them.A ‘recognized’ party declared as such by the Election Commission -- can nominate a maximum of 40 star campaigners.An unrecognized political party can nominate a maximum of 20 star campaigners.(Please see the last paragraph for updated information in view of Covid – 19)

Why political parties need a star campaigner?

It has a lot to do with poll expenditure. The Election Commission keeps a tab (₹ 70 lakh) on expenditure incurred by individual candidates during campaign for most states in one constituency by each candidate.Expenditure incurred on electioneering by the star campaigner is not added to a candidate’s poll expenditure giving him/her more leeway. According to the Representation of People’s Act, these expenses will be borne by the political parties.

Terms and conditions:

For an individual candidate to get a relief from campaign expenditure, the star campaigner has to limit oneself to general campaigning for the party.If she/he shares stage with a candidate, the entire campaign cost except expenditure incurred on travelling will be added to the candidate’s election expenses. This applies even if the star campaigner seeks vote for the candidate taking his or her name.If more than one candidates share the stage with the star campaigner, the expenditure incurred on the rally will be shared equally by the contestants.If the candidates are not present but their posters or photographs have been displayed in their constituencies where a star campaigner holds a poll rally, the entire expense will be added to the election expenses of the contestants.

When PM is the star campaigner?

The MCC guidelines say when a Prime Minister or a former Prime Minister is star campaigner, the expenditure incurred on security including on the bullet-proof vehicles will be borne by the government and will not be added to the election expenses of the party or the individual candidate.However, if another campaigner travels with the Prime Minister or a former Minister, the individual candidate will have to bear 50 per cent of the expenditure incurred on the security arrangements.

Model Code of Conduct(MCC):

The Model Code of Conduct is a set of guidelines that are issued by India’s Election Commission (EC) for candidates and political parties during elections. The guidelines are chiefly regarding speeches, polling booths, polling day conduct, election manifestos, processions and conduct in general.This Code comes into effect as soon as the election schedule is announced by the EC.

The main guidelines:

1. The government usually doesn’t introduce any new ground for projects or public initiatives once the Model Code of Conduct comes into force.
2. Government bodies are prohibited from participating in any recruitment process during the process of election.
3. The contesting candidates and their campaigners are not supposed to disturb the freedom of roadshows of their opponent candidates. The code of conduct exercise control over this majorly.
4. The election campaign rallies and roadshows must not affect the road traffic and the general public.

Control of MCC over election with respect to Meetings

1. Respective parties are supposed to inform the local police in advance of the scheduled meetings with proper information on venue and time in order to maintain law and order and control traffic of that area.
2. The model code of conduct mentions provision for seeking permission for the use of loudspeaker for any proposed meeting only after availing licenses for such arrangements in advance.

Role and Powers of the Election Commission

The Election Commission of India was established in 1950. It is an autonomous constitutional body which oversees the conduct of free and fair elections in the country. It administers control on the election conducted for the Rajya Sabha, Lok Sabha, State Legislative councils, assemblies as well as the President and Vice-President.The election commission has been entrusted these responsibilities under Article 324 and the People’s Representation Act 1951. The commission is empowered under the Constitution of India to act appropriately whenever prevalent laws prove insufficient to conduct an election under certain conditions. Whereas according to Article 243-k of the Constitution of India, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

The powers of the Election Commission are defined in the following articles of the Indian Constitution:

• Article 324: Superintendence, control and direction of national and state-level elections are to be directly handled by the ECI
• Article 325: Inclusion and exclusion of names in electoral rolls are based on Indian Citizenship. No citizen of India above the voting age should be excluded from the rolls or included in a special electoral roll based on any criteria such as race, caste, religion or sex.
• Article 326: Defines universal adult franchise as the basis for elections to all levels of the elected government.
• Article 327: Defines responsibilities of the ECI and parliament for the conduct of national elections.
• Article 328: Defines the role and responsibilities of the state legislatures with respect to state-level elections.
• Article 329: Prohibits court interference in matters related to elections unless specifically asked to provide their views.

Abridgement of ECI’s power :

The Supreme Courts stay on the revocation of the status of former Madhya Pradesh Chief Minister Kamal Nath as a ‘star campaigner’ for the Commission of India and its role in ensuring a clean campaign. Chief Justice S.A. Bobde appeared convinced that the ECI has no such power, and ordered a stay on its order. Mr. Nath earned the ECIs rebuke after a distasteful personal remark about a BJP woman candidate while campaigning for a by-election to the Madhya Pradesh Assembly recently. The commission’s order dated October 30 said it was revoking his status as a leader of a political party (star campaigner). Section 77 of the representation of the People Act, 1951, which relates to a candidate’s election expenditure, does leave it to be the Political party itself to decide who its “leaders” are and allows every party to submit a list of such ‘star campaigner’ to the election authorities. However, it should be noted that the ‘star campaigner’ comes with a clear privilege: the expenditure incurred on the campaigners is not included in the expenditure of the candidate concerned. In effect, an order of the ECI revoking the star status is actually a withdrawal of the right to campaign without incurring electoral expenditure on the candidates’ account.

It stands to reason that the ECI, in exercise of its general and plenary power of control and direction over elections, ought to have the power to revoke the status of a campaigner, if there is an apparent breach of campaign norms or the Model Code of Conduct. After all, the star status ensures that some leaders can charter helicopters and travel extensively to cover more territory and constituencies without breaching any individual candidate’s spending limit. The ECI has cited the clause in the MCC that bars candidates from resorting to “criticism of all aspects of the private life, not concerned with public activities” of other leaders and party workers. Even though the model code is not statutory, it has been generally recognized that the election watchdog should have some means of enforcing its norms. In past orders, the ECI has cited the Supreme Court’s observation that when laws are absent, the ECI can invoke its residuary power to meet an infinite variety of situations that cannot be foreseen by lawmakers. It is indeed debatable whether the ECI has been exercising its powers in an even-handed way in recent years. However, it is equally important that the ECI’s power to enforce poll norms and clean campaigns is not unduly abridged.

Star Campaign status and Covid – 19

To contain further spreading of COVID-19, the Election Commission of India (ECI) recently issued revised norms about visits of star campaigners in Bihar assembly and other ongoing & expected elections in future during this unprecedented period.

ECI has set the limit on the number of star campaigners for recognized national/state political parties, which would be 30 star campaigners in place of 40 after reviewing the probable threat of spreading of the virus. It was pointed out that the maximum limit of star campaigners will be 15 in place of 20 for unrecognized registered political parties. The commission revised the period of submission of the list of star campaigners from 7 to 10 days from the date of notification. “Political parties, which have already submitted a list of star campaigners, can resubmit a revised list within the stipulated period,” an anonymous source of ECI added.

Divulging further, the ECI said that requests for permission for the campaigning by star campaigners, should be submitted to the district election authorities at least 48 hours before the start of the campaign so that all necessary safety measures are put in place well in time. The ECI delegation which went to Bihar to oversee the preparedness of polling was informed about the matter of large gatherings during the visit of star campaigners. The matter was thoroughly deliberated in the meeting of the commission today. After considering all facts and circumstances emerging due to pandemic and keeping a balance between the requirements of a campaign by the political parties, the Commission has decided to revisit the norms about star campaigners.

Elaborating more, it was further added that the expenditure incurred on campaigning by such campaigners is exempted from being added to the election expenditure of a particular candidate.

Guaging the depth:

Pre.Q. Consider the following Statements:

1. A ‘recognized’ party declared as such by the Election Commission -- can nominate a maximum of 30 star campaigners.
2. The Election Commission keeps a tab on expenditure incurred by individual candidates during campaign Rs 75 lakhs for most states in one constituency by each candidate.
3. The expenditure incurred on the campaigners is not included in the expenditure of the candidate concerned.

Which of the statement is/are correct about a star campaigner?

(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1,2 and 3

Mains.Q What is the significance of a Star campaigner during the election? Discuss the revocation of the status of former Madhya Pradesh Chief Minister Kamal Nath as a ‘star campaigner’ for the Commission of India and its role in ensuring a clean campaign? Elaborate the new guidelines of ECI in view of Covid–19. Are these guidelines also applicable on Panchayat and Municipality elections ? Please support your answer with suitable comments.