Apparently referring to the Supreme Court judgement disqualifying convicted lawmakers, he called it "a judge-made law", while the "broad philosophical approach" of the Election Commission guidelines appear to be that "you should do or say nothing that wins you an election".
Speaking on the 'Challenges of Democracy in India' at the School of Oriental and African Studies (SOAS) here last night, Khurshid said the Election Commission's Model Code of Conduct made it difficult for parties to win elections.
"You should also not offer drinking water because that distorts decision-making," the senior Congress leader said.
Khurshid said the broad philosophical approach, as he understood was that "you should do or say nothing that wins you an election. You should try your best to lose elections. I cheekily said to them we try to lose our elections for five years; give us 15 days in which we can try and win them please".
"But they are only three of them, with no appeal from them. And three of them can decide what word you can use in an election campaign... That is an interesting area of study on how much Election Commissions can interfere in public discourse," Khurshid said.
Referring to the role of the Supreme Court, he said that "important democratic decisions are being transferred to an unaccountable body of people".
"In India, courts are taking a view on issues that are in democractic theory really an area of Parliament or government to decide. Their explanation is that if you will not be able to act and if you will not address these issues, we will have no choice but take them over," Khurshid said.
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