Context: The Kerala High Court directed the Election Commission of India to decide within two months on a complaint regarding communal remarks by a candidate, questioning enforcement during the Model Code of Conduct (MCC).
About Legal Framework on Hate Speech:
- Constitutional basis: Article 324 vests ECI with superintendence, direction, and control of elections (plenary/residual powers).
- Bharatiya Nyaya Sanhita (BNS) provisions deal with enmity, religious insult, and public mischief.
- Representation of the People Act, 1951Â (RPA 1951): Section 123(3) (religious appeal) and 123(3A) (promotion of enmity) are corrupt practices, while Section 125 provides penal punishment for promoting enmity during elections.
- MCC rules: Prohibits hate speech, communal appeals, and use of religion for votes.
- Nature of MCC: Non-statutory, enforced via ECI’s Article 324 powers.
- ECI powers: Can issue notices, censure, campaign bans, and order FIRs; disqualification is decided by President/Governor on ECI advice.
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