Ministries, depts. cannot bypass us: EC

Noting that the Ministries of Defence and Finance, besides Niti Aayog, had taken certain decisions that disturbed the level playing field in poll-bound States, the Election Commission on Saturday requested the Cabinet Secretariat to issue necessary instructions to all government departments for strict adherence to its guidelines.

Citing a March 2014 directive, the EC said all references of the Cabinet Committee should be routed through the Cabinet Secretariat and the matters of Ministries or government departments have to be referred by the Ministry concerned.

“The Commission has noted that in certain cases, the Ministries/departments took decisions, which have the effect of disturbing the level playing fields of poll-bound States, without referring the matter to the Commission, particularly, Niti Aayog, Ministry of Defence and the Ministry of Finance,” said the letter.

‘Issue instructions’

Expressing concern, the Commission asked the Cabinet Secretariat to issue necessary instructions to all the Ministries and government departments concerned to strictly adhere to the guidelines and also ensure that the EC’s concurrence is taken well in time, whenever required.

“The provisions of Model Code of Conduct and various instructions...provide that the party in power, whether at the Centre or in States concerned, shall ensure that no cause be given for any complaint that it uses its position to further its prospects in any election,” said the Commission.

As per the 2014 Model Code of Conduct guideline, all references of the Central government, which are proposed to be placed before the Cabinet or any committee of the Cabinet, should be routed through the Cabinet Secretariat, for which a nodal officer has to be appointed. No such references should be made directly to the Election Commission by the Ministries.

The government departments, public sector undertakings and the autonomous bodies functioning under any Ministry or department have to make references to the EC through the Ministry concerned. The guideline says that at least 48 hours should be given to the Commission to process the references on matters related to the Model Code of Conduct.