Leader of the opposition in Rajya Sabha Arun Jaitley said wherever law is silent on an issue, the EC will prevail during polls under Article 324 of the Constitution.
BJP on Tuesday dubbed Congress as a party of serial offenders with several of its leaders defying the model code and going against the Election Commission and insisted that poll laws are legally binding on all parties and candidates.
Leader of the opposition in Rajya Sabha Arun Jaitley said wherever law is silent on an issue, the EC will prevail during polls under Article 324 of the Constitution.
"Free and fair elections are a part of the basic structure of the Constitution. In the space occupied by law, the law will prevail. For the rest, executive jurisdiction of the EC will prevail," Jaitley said, adding that model code of the EC falls in the latter category.
"Article 324 of the Constitution is the reservoir of all residuary jurisdiction," Jaitley said.
The BJP leader maintained that it would not allow the weakening of the EC and strongly oppose any dilution of its powers through any legislation.
He insisted that to say that the model code is not binding is wrong and alleged that the Congress has breached the model code several times.
"Congress leaders, both big and small, have violated the model code. It has become a party of serial offenders of the model code. Its leaders have absolutely no concern for it and see it with contempt," Jaitley said.
Union Ministers Salman Kurshid and Beni Prasad Verma have drawn the ire of the EC after they promised 4.5% sub-quota to the minorities. Now an FIR has been lodged against Rahul Gandhi for taking out a procession covering more kilometres and time than permitted by the EC.
Jaitley said any move to give the model code a statutory backing would mean that any violation of the code would be tried in a court of law, which "may take up to 10 years" to come out with a decision.
The BJP leader alleged that this was a conspiracy to make the EC, which it maintained is performing an exemplary role, a toothless body.
"The conventions and precedents are framed after long experience of democracy Congress has decided to puncture the model code," Jaitley alleged.
The party insisted that the courts cannot be given powers which should be vested with the EC during polls.
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