Stating that elections are the "greatest celebration of Indian democracy", Jaitley said that the right to free speech does not get diluted during this period.
Union Finance Minister Arun Jaitley on May 7 said that the Model Code of Conduct (MCC) does not "take away right to free speech".
In a blog post, Jaitley wrote that the MCC is "an extremely important and powerful instrument available to the Election Commission for the conduct of free and fair elections".
"Of late, a tendency has developed amongst the political parties to excessively allege violation of the MCC by their opponents. The Congress party as the ‘cry baby’ of this election, is leading the pack," Jaitley wrote.
Stating that elections are the "greatest celebration of Indian democracy", Jaitley said that the right to free speech does not get diluted during this period.
"The sacrosanct Right of Free Speech has to be fully protected during this period. While submitting memorandums on violation of the MCC in relation to contents of a political speech, everyone has to bear in mind that the MCC has to be interpreted not as diluting free speech but is subject to the Right to Free Speech," Jaitley wrote.
"The MCC cannot encroach the Right to Free Speech. The two have to exist harmoniously," Jaitley added.
The union minister also commented on Prime Minister Narendra Modi's speeches in Wardha and Latur, where PM Modi had attacked Congress chief Rahul Gandhi for contesting from the minority-dominated Wayanad seat in Kerala, and appealed to first-time voters by invoking the Balakot airstrike, respectively.
PM Modi was given a clean chit by the Election in both the cases of alleged MCC violations.
"In the first, the Prime Minister appealed to first-time voters that they must always keep in mind the sacrifice of the martyrs when they vote in an election. No party or candidate was mentioned," Jaitley wrote.
"(In) the second illustration... a reference... is made to the demographic composition of the new constituency. If such speeches are considered by anyone as violative of the MCC, that may actually run the danger of the MCC’s constitutionality in relation to free speech being called into question," Jaitley wrote.
