The EC, conscious of its limitations under the existing law, has correctly not debarred Varun Gandhi from contesting. It has, however, chosen to give gratuitous advice that the BJP should not field Varun Gandhi as its candidate. This has generated a furious controversy. The EC’s advice was certainly beyond its purview and is not legally binding. However, there is a distinction between legality and political morality. It was heartening that the BJP initially disapproved of the utterances attributed to Varun Gandhi. It is disheartening that subsequently it has decided to field him as its candidate from Pilibhit and also to feature him in its election rallies. It cannot be overemphasised that maintenance of communal harmony is vital in our country. It is far more important than the impetuous Varun Gandhi and the legality or otherwise of the EC’s advice. Unfortunately, these aspects have apparently not been kept in mind by the BJP.

The writer is a former Attorney General for India

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