Model Code of Conduct

• 21 Mar 2024

For Prelims: MCC, Representation of People Act,1951 , Electoral Bonds,

For Mains: Evolution of MCC, Importance and criticisms of MCC in elections.Electoral Practices, Electoral reforms, Ensuring democracy through MCC,Electoral Funding

Source: IE

Why in News?

Recently, the Model Code of Conduct (MCC) has come into force with the announcement of voting dates for the Lok Sabha elections 2024 by the Election Commission of India (ECI), marking a significant aspect of electoral governance.

What is MCC and its Evolution?

• About:
  • The MCC is a consensus document. The political parties have themselves agreed to keep their conduct during elections in check and to work within the Code.
  • It helps the EC in keeping with the mandate it has been given under Article 324 of the Constitution, which gives it the power to supervise and conduct free and fair elections to the Parliament and State Legislatures.
  • The MCC is operational from the date on which the election schedule is announced until the date of the result announcement.
  • The government cannot announce any financial grants, promise construction of roads or other facilities, and make any ad hoc appointments in government or public undertaking during the time the Code is in force.
• Enforceability of MCC:
  • Though the MCC does not have any statutory backing, it has come to acquire strength in the past decade because of its strict enforcement by the EC.
    • Certain provisions of the MCC may be enforced by invoking corresponding provisions in other statutes such as the Indian Penal Code (IPC) 1860, Code of Criminal Procedure (CrPC) 1973, and Representation of Peoples’s Act (RPA) 1951.
• Evolution of MCC:
  • Kerala was the first state to adopt a code of conduct for elections. In 1960, before the Assembly elections in the state, the administration prepared a draft code covering important aspects of electioneering such as processions, political rallies, and speeches.
  • In 1974, the ECI released a formal MCC. It also set up bureaucratic bodies at the district level to oversee its implementation. Before 1977, MCC guided only political parties and candidates.
  • In 1979, the Election Commission learned of ruling parties misusing power like monopolising public spaces and using public money for advertisement. The Election Commission revised MCC to include ruling political parties.
  • The revised MCC had seven parts, with one for the ruling parties' behaviour after the election announcement.
    • Part I: General good behaviour for candidates and parties.
    • Parts II and III: Rules for public meetings and processions.
    • Parts IV and V: Guidelines for behaviour on polling day and at polling booths.
  • The MCC has been revised on several occasions since 1979, with the last time being in the year 2014.
• Key Provisions of MCC:
  • General Conduct:
    • No party or candidate shall include in any activity that may aggravate existing differences or cause tension between different castes and communities, religious or linguistic.
      • Similarly, Section 123(3) of the Representation of the People Act, 1951, disallows the usage of religion, race, caste, community, or language to promote enmity or hatred among the people and use of it as a political tool.
    • Criticisms directed towards other political parties should be restricted to an evaluation of their policies, historical performance, and initiatives, refraining from personal attacks.
  • Meetings and Processions:
    • Parties must inform the local police authorities of the venue and time of any meeting to enable the police to make adequate security arrangements.
    • If two or more candidates plan processions along the same route, the political parties must establish contact in advance to ensure that the processions do not clash.
    • Carrying and burning effigies representing members of other political parties is not allowed.
  • Polling Day:
    • Only voters and those with a valid pass from the EC are allowed to enter polling booths.
    • All authorised party workers at polling booths should be given suitable badges or identity cards.
      • Identity slips supplied by them to voters shall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party.
      • The EC will appoint observers to whom any candidates may report problems regarding the conduct of the election.
  • Party in Power:
    • The MCC incorporated certain restrictions in 1979, regulating the conduct of the party in power. Ministers must not combine official visits with election work or use official machinery for the same.

What are the Issues Associated with MCC?

• Enforcement Challenges: Enforcement of the MCC can be inconsistent or inadequate, leading to violations that may go unpunished due to lack of statutory backing.
  • The ECI opposes the legalisation of the MCC, citing the need for swift completion of elections within approximately 45 days, making legal enforcement impractical due to lengthy judicial processes.
• Ambiguity: Certain provisions of the MCC may be vague or open to interpretation, leading to confusion among political parties and candidates.
• Limited Scope: Critics argue that the MCC's scope should be expanded to cover a wider range of issues, including electoral funding, social media usage, and hate speech.
• Timing Issues: The MCC comes into effect only during election periods, leaving room for misconduct outside of these periods.
• Impact on Governance: Some argue that the MCC's restrictions on government announcements and activities during election periods may hinder the functioning of governance.
• Need for Reform: There are calls for reforming the MCC to address its shortcomings and make it more effective in ensuring fair and transparent elections.

Way Forward

• Strengthen Enforcement: Enhance mechanisms for enforcing MCC guidelines to ensure compliance by all political parties.
• Clarify Provisions: Improve clarity and specificity of MCC rules to minimise ambiguity and facilitate better understanding and adherence. Thus, need for a codified and comprehensive MCC.
• Expanding Scope as per New-age Needs: Consider broadening the MCC's coverage to address emerging issues such as digital campaigning and electoral funding transparency.
• Legalising MCC: Evaluate proposals to legally institutionalise the MCC, providing it with statutory backing for enhanced effectiveness and enforceability.
  • In 2013, the Standing Committee on Personnel, Public Grievances, Law, and Justice proposed legally binding the MCC and integrating it into the RPA 1951.
  • Dinesh Goswami Committee on Electoral Reforms (1990) suggested that the weakness of the MCC could be overcome by giving it statutory backing and making it enforceable through law
• Public Awareness: Launch campaigns to educate voters, political parties, and candidates about the importance of MCC compliance and its role in fostering fair elections.
• Continuous Review: Establish a framework for regular evaluation and adaptation of the MCC to address evolving electoral dynamics and challenges.

Conclusion

• The Model Code of Conduct (MCC) serves as a compass for democracy but faces challenges with declining commitment and increasing violations. Legalising it could empower the Election Commission to address corruption and ensure fair elections, essential for upholding the integrity and credibility of democratic processes.

Read More- Transparency in Election Commission of India

UPSC Civil Services Examination, Previous Year Question (PYQ)

Prelims

Q. Consider the following statements: (2017)

1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. The Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only

Ans: (d)

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Mains:

Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)