Panel wants law to back model code

Leave no vacuum for ECI to exercise its power which is residuary in nature.

About one-and-a-half years after the UPA governments move to give statutory backing to the model code of conduct MCC ran into rough weather,a parliamentary committee has proposed it again. The reason stated by the chairman of the Parliamentary Standing Committee on Personnel,Public Grievances,Law and Justice is to ensure no vacuum for ECI to exercise its power,which is residuary in nature.

The committee strongly feels it is expedient to enact a law for giving statutory backup to the Model Code of Conduct leaving no vacuum for ECI to exercise its power which is residuary in nature. The committee recommends that provisions of the MCC may be formed as part of the Representation of the People Act,1951 or rules framed thereunder for free and fair elections, panel chairman Shantaram Naik told reporters here.

He said instructions/ orders issued by the Election Commission of India under Article 324 of the Constitution sometimes appear to be encroaching upon legislative power of Parliament8230;. The committee stresses upon the government that such instructions/ orders issued by the Election Commission of India may be suitably incorporated in the Representation of the People Act,1951 or rules framed thereunder.

The report says,The Election Commission of India gives the impression the Model Code is voluntary8230; whereas most of its provisions,especially paras 1,2,3 and 4,are relatable to statutes like Indian Penal Code,1860; Criminal Procedures Code,1973; and the Representation of the People Act,1951. Therefore,it is erroneous to say on the part of Election Commission of India that Model Code of Conduct is voluntary in nature.

Among other important recommendations,the standing committee wants MCC to be enforced from the date of notification of polls and not date of announcement,and a revision in election expenditure limit of candidates to make it more realistic,fast-track courts to dispose of election disputes within 12 months and allowing independent MPs to join any political party within six months of elections.

On making MCC applicable from the date of notification,Naik said developmental works get paralysed as the model code is in force exceeding six weeks and elections are held in phases. The committee has recommended that provisions of MCC be made part of the Representation of the People Act,1951 or separate rules be framed. The panel recommendations are part of the 61st report on electoral reforms.