5.7. Should MCC be given legal status?

The Parliamentary Standing Committee on Law and Justice recommended in its 2013 report that statutory status be accorded to the MCC. The rationale for the same is as under:

1. The committee held that most of the provisions of the MCC are already contained in various laws and are therefore enforceable like the violation of secrecy of voting, causing enmity among communities, the prohibition of public meetings 48 hours prior to the conclusion of polls. Besides other offences, are covered by the RPA, 1951. Offences like, impersonation at voting, offering inducements to voters, or accepting gratification to do something they never intended, amount to bribery under the Indian Penal Code.

2. The Committee also observed that the ECI strictly enforces the provisions of MCC which are relatable to other statutes enacted by Parliament or otherwise. Besides issuing warning/censure to the political parties and candidates concerned, in respect of enforceable provisions, the EC can even de-recognise a political party as National or State Party under Election Symbols (Reservation and Allotment) Order, 1968 even in the case of violation of those provisions of MCC which are not enforceable.

3. Since, the Election Commission claims to have powers to punish political parties through plenary power under Article 324 of Constitution, the committee recommended to enact law for giving statutory back up to MCC leaving no vacuum for ECI to exercise its power which is residuary in nature.

4. It suggested that the instructions/orders issued by Election Commission of India under Article 324 of the Constitution sometimes encroach upon legislative power of Parliament. Hence, such instructions/orders issued by Election Commission of India may be suitably incorporated in the Representation of People Act, 1951.

5. On the basis of the above, the Standing Committee contended that the MCC as a whole could not be construed merely as voluntary in its application. Furthermore, since most of its provisions are enforceable, the remaining stipulations in the MCC should also be accorded statutory backing.

6. Another reason for the above recommendation by the Standing Committee is the absence of an immediate appeal mechanism against the decision of the returning officer to cancel the nomination of a candidate. In this case, the decision can only be challenged in the High Court after the announcements of election results.