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?

ashishm

Ashish Mehta | February 22, 2012



Some commentators think this government suffers from policy paralysis. Nothing can be farther from truth. The UPA government is working pretty efficiently. It’s a different matter that its initiatives are in the patently wrong directions when not altogether dangerous. Consider NCTC. Or consider the proposal to give a legal backing to the model of code of conduct for electioneering.

A group of ministers under Pranab Mukherjee is slated to take up the proposal to give statutory backing to the model of code of conduct or MCC. [Also read: Killing the Election Umpire] The argument in favour of the proposal goes like this: the EC oversees that all candidates and political parties do their campaign within a lakshman rekha of sorts drawn by the model code, but every election witnesses alleged or confirmed instances of violations, especially from the ruling parties. In such cases, EC’s word is final. But, and here is the crucial point, there is no legal or statutory backing for the MCC. Now, can there be any argument against putting something down in the law – in this case, in the Representation of Peoples Act (RPA)? It will remove discretionary element, if any, in the ruling.

Take part in Day's Debate
Does the code of conduct need legal backing?

This is the argument forwarded by Congress spokesperson Manish Tewari while reacting to EC’s notice to Salman Khurshid, the law minister should have known better when promising quotas to the Muslims. His cabinet colleague was Beni Prasad Verma was to soon repeat the same MCC violation.

If Khurshid, Verma and others of the ilk had remained within the lakshman rekha, the Congress might not have come up with the idea of supposedly giving legal teeth to the MCC.

Because the ‘statutory backing to MCC’ is a red herring. On one hand, several provisions of the code are part of the RP Act itself. As for the rest, senior EC officials Governance Now have been talking to have pleaded against opening the MCC to court trials.

Imagine if the MCC was part of the law. What would have happened to Khurshid and Verma? They would have gone to court, while making all sorts of statements hinting more promises to their vote bank. The court, of course, could not have delivered its judgment within days – by which time the next phase of elections would have been over, votes pocketed. Meanwhile, the EC too would be wasting its resources on these legal battles.

Not only this scheme of things would not serve any purpose, more importantly, it would provoke our wily politicians to break the MCC with more impunity.

Instead, as it stands today, the MCC has backing of the moral force. The EC officials took pains to stress that it is the shaming of a politician before the people which makes MCC strong enough to deliver.

At the time of writing, Khurshid has been telling the news TV channels that there is no proposal of legalising MCC on the immediate agenda though the government would like a wider debate on electoral reforms after the five assembly polls. In another words, the weak government is rolling it back. Just as it has happened at least twice in the 1990s when the relevant amendment to the RP Act had even made it to the Lok Sabha.

As for the wider debate, chief election commissioner SY Quraishi too has called for electoral reforms in an interview with Governance Now. We have carried a six-part series, by Jagdeep Chhokar, a founding member of the Association for Democratic Reforms, setting out the detailed agenda for such a debate. We look forward to it.

How did the MCC evolve? What EC insiders have to say on the legal-backing proposal? Read more in the next issue of Governance Now
 

Comments

 

Other News

What is colonialism? A relook at modern history

The Chromatic World Order: The Fiction That Rules Our World  By Sajid Mohamed Aakar Books  

Monsoon session of parliament adjourns sine die

The Monsoon Session, 2026 of Parliament which commenced on July 20 was adjourned sine die on Thursday. The session provided 19 sittings spread over a period of 25 days.   During the session 11 Bills were introduced in Lok Sabha and 2 Bills were introduced in Rajya Sabha. 12 B

Consumer Justice at a Crossroads

Over the past four decades, India`s consumer protection landscape has undergone a remarkable transformation. What began with the Consumer Protection Act, 1986 as a simple mechanism to empower ordinary citizens has evolved into a comprehensive framework capable of addressing challenges ranging from mislea

Doctors, experts call for ban on junk food ads, mandate warning labels

More than 30 doctors, medical scientists and public health professionals have urged the government to take decisive action against the aggressive advertising and marketing of junk food, calling for a watershed ban on advertisements for foods high in fat, sugar and salt (HFSS) and ultra-processed foods (UPF

Asiatic Lion population rises from 523 in 2015 to 891 in 2025

On World Lion Day 2026, environment, forest and climate change Minister  Bhupender Yadav celebrated India’s remarkable journey in lion conservation and reaffirmed the country’s unwavering commitment to protecting wildlife and biodiversity.   In a post on soc

Railways imposed ₹5.13 crore fine for food quality and hygiene violations

Indian Railways serve about 58 crore meals every year on an average. About only 0.0008% food quality related complaints are received on average. Based on complaints during the last three years, appropriate penal actions have been taken by IRCTC. Such actions include imposition of fines amounting to ₹5.13

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter