House panel wants curbs on EC
New Delhi: A parliamentary panel has recommended that statutory back-up be provided to the Model Code of Conduct — “leaving no vacuum for the Election Commission to exercise its powers” — and sought to take away some powers vested with the EC like de-recognising a political party.
The standing panel on law and justice suggested that the model code be enforced from the date of notification, which is closer to the polls, and not from the date of announcement of polls. It also recommended that a candidate’s assets be assessed at acquisition cost.
The committee also sought revision in a candidate’s election expenditure limit to make it more realistic, and suggested setting up of fast-track courts to try poll disputes.
“The committee strongly feels it is expedient to enact a law to give statutory backup to the MCC, leaving no vacuum for the EC to exercise its powers. The committee recommends that provisions of MCC may be formed a part of Representation of People Act, 1951 or rules framed thereunder for free and fair elections in the country,” panel chairman Shantaram Naik said.
The committee stressed that orders issued by the EC may be suitably incorporated in the Represent-ation of People Act, 1951 or the relevant rules.
Panel: Moral code paralyses growth
A Parliamentary panel said that persons other than members of the House should not be given powers to make application to disqualify an MLA or an MP. It also recommended that valuation of assets be done at the cost of acquisition of such assets and sought simplification of nomination papers.
On making the Moral Code of Conduct (MCC) applicable from date of notification, the committee chairman Shantaram Naik said elections are held in multiple phases where the enforcement period of the code invariably exceeds the period of six weeks, resulting in paralysing of developmental works.
“The committee is of the view that fast-track courts be set up to dispose of election petitions within a period of 12 months,” it said.
On de-recognition of a political party, the committee said, “When the EC de-recognises a party, it takes away its symbol also, thereby, in practice, de-registering a political party. Parliament has not given power to the EC neither to de-register nor de-recognise any political party.” To this end, the committee has recommended that the MCC may be incorporated “either in the Represent-ation of People Act, 1951 or rules framed for conducting free and fair election.”
“The EC gives the impression that the MCC is voluntary in nature whereas most of its provisions especially paras 1, 2, 3 and 4 are relatable to statutes like IPC, 1860 Criminal Code of Procedures, 1973 and Representation of People Act, 1951. Therefore, it is erroneous to say on part of the EC to say that the moral code is voluntary in nature,” Naik said.
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