Insisting that provisions under the model code of conduct set by the Election Commission are legally binding,the BJP on Tuesday said it would strongly oppose any attempt by the UPA to dilute and give it statutory status through legislation.
Free and fair elections are a part of the basic structure of the Constitution. Whereever there is a law,it will prevail. But in the areas where law is silent,the executive jurisdiction of the Election Commission will prevail, Jaitley said,adding that model code of the EC falls in the latter category. This interpretation,which gave legal backing to the model code,was through a judgment of the Supreme court,Jaitley said.
Questioning the objective behind the move to give statutory status to the model code of conduct,the BJP maintained that the Election Commission had played an exemplary role in disciplining the election process.
The problem of the Congress is that their leaders are repeatedly violating the model code of conduct. They are a party of serial offenders of the model code of conduct, Jaitley said,adding that Congress leaders had no concern for it and viewed it with contempt.
Because the Congress has decided that they will violate the model code,they do not want anyone to monitor it, he said.