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

6 months ago 74

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“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 MCC’s flexibility, the law body said, allows it to reform and modify itself in a manner that maintains its effectiveness.

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