The Representation of the People Act, 1951 still is the law on what can disqualify or punish candidates from elections. Specifically, Section 125 which makes it an offence to promote enmity or hatred between different classes of citizens during elections time.

Likewise, Section 123 treats sectarian appeals during election as a “corrupt practice” which can get a candidate disqualified. Obviously this isn’t an automatic process – it can only come at the end of a judicial process where the candidate has an opportunity of being heard.

So what’s the point of the ECI’s powers under the Constitution and the MCC?

To use a recent analogy made by former CEC, SY Quraishi, the ECI is a firefighter – one whose job is to douse flames and take immediate action, rather than investigate the cause of the fire or hold someone responsible. Given its enormously wide powers under Article 324 of the Constitution, the ECI can do anything within its powers necessary to ensure a free and fair election – short of actually breaking a law.