It has been reported in a section of the Press that Government has started working on giving the Model Code of Conduct (MCC) a statutory backing and that if it is successful, complaints pertaining to code violations will go out of the purview of the Election Commission. The report also indicates that the Union Legislative Secretary has been asked to make a presentation before the Group of Ministers on Corruption at its meeting scheduled to be held on February 22, on the issue of giving statutory shape to executive instructions issued by the EC and that such a statutory backing means the code violations would be covered by law and hence be tried in a court rather than being left to the discretion of the Election Commission, as is the case now.

The contents of the report are totally misconceived as there is no such move under contemplation of the Government or the Group of Ministers. It may be clarified in this context that the subject of “State Funding of Elections” is one of the mandates given to the Group of Ministers on Corruption under its terms of reference. The subject has, accordingly, been receiving the attention of the Group of Ministers at its deliberations from time to time and the Ministry of Law and Justice (Legislative Department) has been updating the Group of Ministers on the several initiatives taken by that Ministry and by the Election Commission on issue of State funding of elections along with other electoral reforms.

The GoM, in its last meeting held on 30th September, 2011, considered a presentation made by the Secretary, Legislative Department on the viability of various alternatives on the question of State funding of Elections. In the course of discussions, incidental references were made to the issue of “Code of Conduct”. The presentation also highlighted the fact that the Legislative Department, along with the Election Commission of India, had conducted 7 regional consultations across the country, inter alia, with the political parties and sought guidance of the GoM for further course of action. The Group of Ministers, at the said meeting on 30th September, 2011, directed the Legislative Department to bring out specific proposals, as regards State funding of Elections, for consideration and decision of the GoM, excluding such areas where consultation with political parties was required. The GoM has not made any recommendation to make the Model Code of Conduct statutory or to take it outside the purview of the Commission.