The Election Commission has brushed aside arguments that the model code of conduct brings governance to a halt during polls, saying it only bars Governments from announcing fresh projects and schemes during the period. The EC has also told the law Commission that as and when Government Departments approach it with ‘references’ to clear proposals and schemes during poll time, it takes a fast decision understanding the urgency involved.
The issue of model code of conduct came up for elaborate discussion at a meeting between the top brass of EC and law panel on May 16 when they met to discuss the possibility of holding simultaneous elections to lok Sabha and State Assemblies.
The law Commission had received quite a few complaints regarding issues faced when the code of conduct is in force, hence the extra focus.
The law panel wanted to ascertain how many such instances were reported during the last four elections by Central or State Governments and the number of times it was settled.
In a meeting that lasted over one-and-a-half hours, when members of the law panel asked the EC about the “argument” that the model code brings governance to a halt, the poll panel rejected the suggestion outrightly, sources aware of the deliberations said. The Election Commission of India was represented by the Chief Election Commissioner OP Rawat and two other election commissioners, whereas the law Commission was headed by former Supreme Court judge Justice BS Chauhan and three other members of the Commission.
Though both bodies had a list of 20 questions to deliberate upon, the Justice Chauhan-led panel primarily focussed on issues that arise and affect (if at all) the functioning of Governments when the EC’s model code of conduct is in force.
The EC was of the view that the code does not bring governance to a halt. It said the code only bars announcement and launch of new schemes and projects so that voters are not influenced by the party in power.
It also told the law panel that “it works with alacrity” when government departments seek its permission to go ahead with certain decisions during model code period.
It said several 'references' are received by it and it tries to dispose most on them in a time-bound manner. The law panel has now asked EC to give it a list of references received from governments during recent elections, including those held in Goa, Gujarat, Himachal Pradesh and Karnataka.
The Model Code of Conduct is a set of norms which has been evolved with the consensus of political parties who have consented to abide by it and also binds them to respect and observe it in its letter and spirit.
The Election Commission ensures that it is followed by parties and candidates. It is also ensured that official machinery is not misused to help the ruling party.
The model code is enforced from the date of announcement of election schedule by the Election Commission and is operational till the process of elections are completed, which is usually a couple of days after the verdict is announced.