Model code prohibits new schemes for poll-bound states: Ex-CEC

The Election Commission (EC) has given the government three days to give reasons for advancing the Union Budget and responding to the opposition's plea. So far, the BJP-led government has said it has no intention of delaying it from February 1.Speaking to CNBC-TV18 on the issue, Former Chief Election Commissioner TS Krishnamurthy said the EC may suggest the government to go for a vote on account on one possibility the tax proposals come post March 8 once elections are over. The model code of the conduct, he says, does not interfere with ongoing schemes. It only restricts fresh announcements. Similarly, if the manifesto of the Parliament elections had listed certain projects then the model code of conduct cannot interfere with implementation of those projects, he notes, adding, it is important there are no specific schemes in respect to the poll-bound states in the Budget. Below is the transcript of TS Krishnamurthy’s interview to Mitali Patel and Shereen Bhan on CNBC-TV18.Mitali: The Election Commission has given the government three days to give reasons for advancing the budget and responding to the opposition's plea. So far, the BJP has said it has no intention of delaying it from February 1. What if it sticks to its stand? What can the Election Commission do?A: The Election Commission itself has been entitled to send a letter in the light of the representation given by the opposition. The government will certainly send a reply to that. It is a question of accommodation of the model code of conduct in relation to the Budgetary responsibility. I am sure the government will also be sending a reply as to how it is going about. That should be a healthy reconciliation between the responsibilities of the election of the commission and the responsibilities of the state. And I am sure that suitable ray will be formed out, I have no doubt about it. But the Election Commission is certainly entitled to forward the request to the opposition.Shereen: When we last spoke to you, you said both the government and the Election Commission will need to consult with each other and in a sense, draw a ‘Lakshman Rekha’ of sorts. If I were to look at what the model code of conduct says, then Clause 3 of 16.5 talks about the announcement of new projects or programmes or concessions or financial grants, etc. these restrictions will apply equally to new schemes and also ongoing schemes. So, within the context of the model code of conduct essentially, will the exercise of the Budget being presented not have to restrict itself to being a vote on account, which means really a statement of expenditure and revenue?A: No, one possibility is to have a vote on account and then the tax proposals can come on March 8 after the election is over. The other possibility is in respect of existing announcement, the government will be certainly entitled to go ahead and make the model code of conduct that does not interfere with ongoing schemes, it only interferes in fresh announcements. So ongoing schemes if any announcements are to be made, there will not be any restriction on that. Secondly, suppose the manifesto of the parliament elections had mentioned certain things and they were implementing the manifesto. Still, I believe that model code of conduct cannot interfere with that. But, it is also necessary that no specific schemes in respect to the poll-bound states should not be there in the Budget. As I said, they have to have some kind of an informal discussion and arrive at what exactly will happen. But that will be the broad guidelines. Specific individual schemes will not be discussed, Budget cannot be disclosed to anybody, all those restrictions are there. But broad contours within which the Budget can be presented, they must discuss in my opinion.