आचरणात्मक मूल्यांकन कीजिए कि क्या आचार संहिता निषेध प्रतिष्ठा निर्धारित करने से भारत में स्वतंत्र और निष्पक्ष निर्वाचन कराया जा सकता है। (उत्तर 250 शब्दों में दीजिए) / Critically assess whether according to statutory backing to the Model Code of Conduct will contribute towards free and fair elections in India. (Answer in 250 words)

Model Code of Conduct refers to the Guidelines to be followed by political parties, candidates during elections and campaigning period.

Free and fair election => Basic Structure of Constitution as per Indira Gandhi case (1975)

Statutory backing to Model code of Conduct will lead to:

1. Ensure Muscle power is reduced (criminal prosecution and contempt of election if muscle power used)

2. Reduce use of Money power in elections (E.g. - Dispute kind of 70/as lakh in parliament election and 25/40 lakh in legislative election, there is)

Ording of election expenditure.

3. Reduce Criminal influence in elections as trial jurisdictions through statutory Amendment legislative will be in place.

4. Strengthen Election Commission - As per S4 Owsinski two of the election commission only led they are on publication.

5. Live Statutory power to election officials and Returning officers during elections.

6. Ensure streaming of prosecution in case of bribery, false filing of Affidavits, etc.

But there may be issues:

1. Uniformity - by statutory status may lead to loss of flexibility in Election Commission.

2. Litigation - would increase and there would be delay in conduct of elections.

3. Election Commission does not have tribunal powers and they court burdened with S8 50 (dal) judging cases.

4. May lead to Frivolous allegations against the candidate by each other (All can be streamlined by).

5. Live statutory power to election officers and Returning officials doing elections.

6. Ensure streaming of prosecution in case of bribery, false filing of Affidavits, etc.

But there may be issues:

1. Uniformity - by statutory status may lead to loss of flexibility in Election Commission.

2. Litigations - would increase and there would be delay in conduct of elections.

3. Election Commission does not have tribunal powers and they court burdened with S8 50 (dal) judging cases.

4. May lead to Frivolous allegations against the candidate by each other (All can be streamlined by).

5. Live statutory power to election officers and Returning officials doing elections.

6. Ensure streaming of prosecution in case of bribery, false filing of Affidavits, etc.

But there may be issues:

1. Uniformity - by statutory status may lead to loss of flexibility in Election Commission.

2. Litigations - would increase and there would be delay in conduct of elections.

3. Election Commission does not have tribunal powers and they court burdened with S8 50 (dal) judging cases.

4. May lead to Frivolous allegations against the candidate by each other.

Ordering of election expenditure.

3. Reduce Criminal influence in elections as trial jurisdictions through statutory Amendment legislative will be in place.

4. Strengthen Election Commission - As per S4 Owsinski two of the election commission only led they are on publication.

5. Live Statutory power to election officials and Returning officers during elections.

6. Ensure streaming of prosecution in case of bribery, false filing of Affidavits, etc.

But there may be issues:

1. Uniformity - by statutory status may lead to loss of flexibility in Election Commission.

2. Litigations - would increase and there would be delay in conduct of elections.

3. Election Commission does not have tribunal powers and they court burdened with S8 50 (dal) judging cases.

4. May lead to Frivolous allegations against the candidate by each other (All can be streamlined by).

5. Live statutory power to election officers and Returning officials doing elections.

6. Ensure streaming of prosecution in case of bribery, false filing of Affidavits, etc.

But there may be issues:

1. Uniformity - by statutory status may lead to loss of flexibility in Election Commission.

(E) Timeline for Pupal election (2022) was extended by Election Commission due to religious festival.

2. Litigations - would increase and there would be delay in conduct of elections.

3. Election Commission does not have tribunal powers and they court burdened with S8 50 (dal) judging cases.

4. May lead to Frivolous allegations against the candidate by each other (All can be streamlined by):

Ensuing filed of File affidavit as disqualification under SEC 123 of RPA (1951)

2. Strengthening Election Commission by providing dedicated facilitation agency.

3. Use of State funds of election as suggested by Indrajit Gupta Committee.

Supreme Court in S. Subramaniarn Balaji case had asked for reform in MCC which need to be done.