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Law panel not in favour of statutory backing of model code of conduct

NEW DELHI: The Law Commission is of the opinion that bringing in law to implement the model code of conduct (MCC) will hamper its enforcement during polls and might result in whittling down the powers of the Election Commission, which will not be conducive to holding, time-bound and fair elections. The Commission made this observation in its submission to the Joint Committee of Parliament examining bills on holding simultaneous polls to the Lok Sabha and state assemblies. The members of the 23rd Law Commission are scheduled to depose before the Joint Committee of Parliament on the simultaneous elections bills on December 4. The law panel said one of the MCCs greatest strengths lies in its ability to deliver swift remedial action. Elections operate on strict timelines, owing to which violations must be addressed within days or even hours so as to prevent irreparable damage to the electoral process, it noted. The law panel said if the model code of conduct (MCC) becomes statutory, violations would trigger formal legal proceedings, which, in turn, may lead to judicial scrutiny. The adjudicatory process may not always answer to the requirement of swift, decisive, and actual action, it cautioned. An Election Commission functionary recalled that around 2001, the poll authority had given a similar view when it was asked about electoral reforms. The Law Commission said the current system allows the EC to act decisively by using its plenary powers under Article 324 to ensure timely intervention without procedural delays. The election panel also pointed out that the electoral landscape is continuously evolving with emerging political strategies, such as social media and technological developments. The MCCs flexibility, the law body said, allows it to reform and modify itself in a manner that maintains its effectiveness.

2 Dec 2025 8:29 am