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

"Budget proposals for customs and central excise aim to further simplify tariff structure"

The Budget proposals for Customs and Central Excise aim to further simplify the tariff structure, support domestic manufacturing, promote export competitiveness, and correct inversion in duty, said finance minister Nirmala Sitharaman while presenting the Union Budget 2026-27, in Parliament on Sunday.

Budget 2026: All key announcements

Here is the summary of key announcements in the union budget for 2026-27: YUVA SHAKTI-DRIVEN BUDGET EMPHASIZES ON GOVERNMENT’S ‘SANKALP’ TO FOCUS ON POOR, UNDERPRIVILEGED AND THE DISADVANTAGED NEW INCOME TAX ACT, 2025 TO COME INTO EFFECT FROM APRIL 2026, SIMP

Budget focuses on 3 kartavyas: Sustainable growth, capacity building, Sabka vikas

Finance minister Nirmala Sitharaman while presenting the Union Budget 2026-27 in Parliament on Sunday, proposed three kartavyas to speed-up the reform momentum towards Viksit Bharat. She said that the first Kartavya is to accelerate and sustain economic growth, by enhancing productivity and competitiveness

Turning headlines into tailwinds

India’s Economic Survey 2025–26, tabled in Parliament on January 29, delivers a candid and confident assessment of the economy at a turbulent global moment. Growth remains robust at 7.4% in FY26, driven largely by domestic demand and macroeconomic resilience. Yet the Survey is equally clear-eye

Economic Survey: GDP growth for FY26 pegged at 7.4%

India’s GDP growth for FY26 is estimated at 7.4 per cent driven by the double engine of consumption and investment. This reaffirms India’s status as the fastest-growing major economy for the fourth consecutive year. This was highlight of the Economic Survey 2025-26 tabled by the finance ministe

The Bishnois’ Dharma-based eco protection shows the way for climate action

Before environmentalism had a name, it had martyrs. ‘Bishnois and the Blackbuck: Can Dharma Save the Environment?’ by Anu Lall tells the remarkable story of a community that turned faith into the world’s longest-running conservation practice.   


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter