Model code and misconduct

Standing committee report is another attempt to render MCC ineffective

jagdeep

Jagdeep Chhokar | May 24, 2012



[This column is based on a personal communication from the author.]

Friends,

The political establishment has, for obvious reasons, not taken kindly to the attempts of the Election Commission to cleanse the electoral process of the ills of money and muscle powers. If elections are truly free and fair, the ability of political parties to take advantage of the infirmities of the "first-past-the-post" system will be drastically reduced.

The political establishment, under one pretext or another, has been trying to clip the wings of the Election Commission periodically over the last several years. One of these pretexts is to give legal/statutory status to the Model Code of Conduct (MCC). The idea, simply, is that once violations of the MCC come under the jurisdiction of the courts, the Election Commission will have to go to court to act against the violations, and the courts will take their own time, by which time the election will be over.

One of the most important reasons why the MCC has been so effective over the last 20 years is the swiftness of the actions taken by the Election Commission. Making the MCC part of the Representation of People Act will straightaway remove the capability of the Election Commission to take swift action. This is a straight-forward case of the political establishment using the most drastic Parkinson's Law: Delay is the deadliest form of denial.

The attached extract (see below) from the 52nd Report of the Parliamentary Standing Committee submitted on May 21, 2012, proposes yet another attempt at rendering the MCC completely ineffective.

Even more insidious is the observation in para 3.18 of the attachment that "the scope of Article 324 also needs to be examined". Article 324, as will be recalled is THE most critical one for the conduct of elections as it vests the plenary power of "superintendence, direction and control of elections in (the) Election Commission".

Putting the legal straightjacket on the Model Code of Conduct and any change in Article 324 will remove even the semblance of freedom and fairness from the election process, making it a plaything for political parties who have not covered themselves with glory in their collective behaviour toward elections in terms of choice of candidates, etc., in the last decade or so.

I therefore earnest request you to do whatever you think appropriate to stop this emasculation of the entire electoral process, and to save the Model Code of Conduct.

I will of course try and do what I can but your support to this cause will be very valuable.

Also read
UPA takes on EC with its own model code of misconduct
When the model code is not broken, why is govt in hurry to fix it?

Killing the election umpire
Statutory model code of conduct is a poison pill

Extract from the 52nd Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice

May 21, 2012
Model Code of Conduct

3.16 Members were also of the considered view that some contents of the Model Code of Conduct, such as, the jurisdiction of applicability of the Code especially when elections were held not in the entire State, the mode of filing cases against candidates/parties on charges of violation of the Code of Conduct, the extent of publicity and broadcast during elections amongst many others call for a thorough review. In this context, the Committee recommends that the recommendations of the All-Party Committee on Electoral Reforms which submitted its report in May 1990 on the
subject matter may be taken into consideration.

3.17 The Committee observes that Model Code of Conduct is a voluntary agreement between the parties for regulating the conduct of political parties and its members etc., during the process of elections to Assemblies and Parliament. Its legal status, is a grey area. After hearing the views of the officials of the Ministry of Law and considering the problems which have erupted in the country, from time to time, in the last few years, the Committee feels that the Code, which was voluntary in nature at one time has not remained so after insertion of para 16 A in the Election Symbols (Reservation and Allotment) Order, 1968, which authorises the Election Commission, to suspend or withdraw the recognition of political parties in case of violation of Code of Conduct. Besides, some of the paras in the code attract penal provisions in other laws.

3.18 The Committee further observes that the power of cancellation of registration of a political party is substantive in nature and, therefore,
should not be regulated or provided for under an "Order" of the Commission. It should either be a part of the Representation of Peoples, Act 1951 or the Rules framed there under. Further, the scope of Article 324 also needs to be examined as, many of the aspects which should have been covered under the Rules framed under R.P Act 1951 are presently covered under instructions issued under Article 324 of the Constitution by the Commission.

3.19 Accordingly, in Committee's view, remedial legal steps are required to be taken in this regard.

Comments

 

Other News

Lokayan 26: Indian naval ship sets sail from Livorno, Italy

The Indian Navy’s sail training ship, INS Sudarshini, set sail from Livorno, Italy, on Saturday on completion of a successful port call. During her stay, the ship participated in a series of professional interactions and cross-training visits, strengthening bonds of friendship and maritime partners

Global South: Health cooperation needs institutions to make solutions scalable

September 12 marks the International Day for South-South Cooperation, commemorating the 1978 Buenos Aires Plan of Action (BAPA). Forty-eight years later, its central proposition remains relevant: countries of the Global South can draw on their own knowledge, experience and innovations to address shared d

Reading the mind of Xi Jinping

As India prepares to host the 18th BRICS Summit this weekend, and as prime minister Narendra Modi is set to hold a bilateral meet with president Xi Jinping, China’s growing global influence and the changing dynamics of India-China relations will be under focus. But to understand where China is head

BRICS at 20: From economic weight to global influence

This year marks 20 years of BRICS, with India set to host the grouping’s leaders’ summit this weekend. The anniversary offers an opportune moment to assess BRICS’ growing importance at a time when the effectiveness of global governance and the credibility of multilateralism are under in

Former president Ram Nath Kovind on some of his unforgettable journeys

Triumph of the Indian Republic: My Life, My Struggles By Ram Nath Kovind Rupa Publications, 400 pages, Rs 795   All our presidents so far stand out, each for a different reason. Ram Nath Kovind, the 14th president of India, from 2017 t

Uday Kotak on history, Indian economy, growth and more

Pathbreakers: How 10 Visionary Leaders Transformed India by award-winning journalists  By Sucheta Dalal and Debashis Basu Rupa Publications, 304 pages, Rs 695  

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter