New Delhi, Dec 1 (PTI) Bringing a law to implement the model code of conduct will hamper its enforcement during polls and “might” result in whittling down the powers of the Election Commission, which will not be conducive to holding free, fair, and time-bound elections, the Law Commission has said.
In its opinion rendered to the Joint Committee of Parliament examining bills on holding simultaneous polls to the Lok Sabha and state assemblies, the law panel said one of the MCC’s “greatest strengths” lies in its ability to deliver swift remedial action.
“Elections operate on strict timelines, owing to which violations must be addressed within days or even hours so as to prevent irreparable damage to the electoral process,” it noted.
The law panel said if the model code of conduct (MCC) becomes statutory, violations would trigger formal legal proceedings, which in turn may lead to judicial scrutiny.
The adjudicatory process may not always answer to the requirement of swift, decisive, and actual action, it cautioned.
An Election Commission functionary recalled that around 2001, the poll authority had given a similar view when it was asked about electoral reforms.
The Law Commission said the current system allows the EC to act decisively by using its plenary powers under Article 324 to ensure timely intervention without procedural delays.
“In fact, with the necessary and plenary powers already available with the Election Commission to decide the matters pertaining to elections that require urgent and timely resolution, any attempt to codify the MCC is likely to be counterproductive and might only result in whittling down the powers of the Election Commission, which may not be conducive to the requirements of free, fair and time-bound elections,” it told the joint committee.
It also pointed out that the electoral landscape is continuously evolving with emerging political strategies, such as social media and technological developments.
“The MCC’s framework permits the Commission to summarily modify interpretations and update guidelines without having to step into the lengthy legislative process of amendments.
“Statutory codification would create rigidity, locking the code into fixed language and making it difficult to accommodate new challenges, such as, for instance, deepfakes and other emerging misuses of technological advancements,” it said in a word of caution.
The MCC’s flexibility, the law body said, allows it to reform and modify itself in a manner that maintains its effectiveness.
During an election in Kerala in 1960, the then Trivandrum administration had called political parties to evolve a set of dos and don’ts to ensure peaceful polls. This was the early beginning of the model code of conduct.
The idea was implemented by different states, and later, the EC issued a set of guidelines.
Described as an agreement between political parties and the EC, the document has changed its shape over the years.
In the 1980s, a clause on “party in power” was added to ensure a level playing field, while in 2013, the Supreme Court asked the EC to add a paragraph on “freebies”.
Though the MCC has no legal backing, the apex court has on several occasions upheld its validity.
Several opposition parties have alleged that poll code violations by the ruling party are often ignored by the EC. The commission, however, has maintained that it uses the poll code without any bias. PTI NAB RHL
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