The Parliamentary
Standing Committee on Law and Justice recommended making the Model Code
of Conduct, a part of the Representation of People's Act. In its latest report
on Demands for Grants of the Law Ministry, the panel said the Model Code of
Conduct is a voluntary agreement among the parties for regulating the conduct
of political parties and its members during elections to assemblies and
Parliament.
The panel felt that the legal status of the Model Code of Conduct , is a grey area after insertion of para 16 A in the Election Symbols (Reservation and Allotment) Order, 1968, which authorises the Election Commission to suspend or withdraw the recognition of political parties in case of violation of Code of Conduct. Besides, some paras in the code attract penal provisions in other laws.
The report said that the power of cancellation of registration of a political party is substantive in nature, therefore, it should not be regulated or provided for under an order of the Commission.
It also suggested that the scope of Article 324 also needs to be examined as many of the aspects which should have been covered under the rules framed under R P Act are presently covered under instructions issued under Article 324 of the Constitution by the Commission.
The recommendation comes months after an internal note of the Group of Ministers (GoM) on Corruption asked the Law Ministry to look into aspects where executive instructions of the Election Commission were required to be given statutory shape.
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