Election Commission to law panel on simultaneous polls: ‘Model code is not a disruption’

The EC is further learned to have said it has consistently evolved a strategy to keep the time period of the Model Code of Conduct to a minimum.

The government’s argument in favour of simultaneous elections rests significantly on the frequent imposition of the Model Code of Conduct during frequent elections, citing its impact on governance. According to the government, the imposition of MCC leads to a standstill in development programmes and activities.

It is pertinent to note the EC has never opposed the idea of simultaneous elections in its submissions to the Union Law Ministry, Law Commission and even the Parliamentary Standing Committee which had examined the issue and submitted a report on the same in 2015. The EC has only flagged logistical challenges pertaining to their conduct and what EC would need to do in advance to prepare for the gargantuan task.

The MCC is a code containing some general precepts for model behaviour during elections conducted by EC. It has eight chapters, with one dedicated to what the party in power can and cannot once elections are announced. It forbids use of official machinery and personnel for the political gains of the party in power. Hence, the spirit of MCC also requires the bureaucracy or any public servant to not engage or appear to engage in an activity that could work to the advantage of the party in power.

Since, MCC is only a moral code and lacks any statutory backing, the EC, at best, can censure, advise or pull up the person found violating it.

The Election Commission’s response to the Law Commission’s questionnaire on March 17, 2023, is not its first. On at least one earlier occasion, The Indian Express has learned, it had replied to a similar set of questions. However, in its earlier response sent in May 2018, the EC had not put up such a defence of MCC.

In its response dated May 12, 2018, the EC limited itself to presenting the factual position on the Model Code of Conduct. It clarified the code’s purpose, emphasising it only prohibits new projects, programmes, financial grants, or promises that could influence the electorate in favour of the ruling party. The EC had also highlighted that ongoing projects remain unaffected. Additionally, the EC reiterated that MCC restrictions are solely applicable to states undergoing elections.

In its March 2023 response, it is learned, the EC further states that the code’s applicability depends on the cycle and frequency of elections, and that the Commission has evolved a strategy to keep the MCC imposition period to a minimum.

The Union Government had first referred the issue of simultaneous polls to the Law Commission in April 2018. The Centre had then on September 1, 2023, set up a high-level committee headed by former President Ram Nath Kovind on the same.