Model Code of Conduct 

• 02 May 2023

For Prelims: Model Code of Conduct , Election Commission of India

For Mains: Role of the ECI in the Evolution of MCC, Model Code of Conduct - importance in elections and its criticism.

Why in News?

As the Karnataka Assembly Elections draw closer, political parties are trading accusations of hate speech against each other.

• The parties have approached the Election Commission of India regarding violations of the Model Code of Conduct (MCC).

What is MCC?

• About:
  • The MCC is a set of guidelines issued by the ECI to regulate political parties and candidates prior to elections.
  • It helps 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 fairelections 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.
• Evolution:
  • The origin of the MCC lies in the Assembly elections of Kerala in 1960, when the State administration prepared a ‘Code of Conduct’ for political actors.
  • Subsequently, in the Lok Sabha elections in 1962, the ECI circulated the code to all recognized political parties and State governments, and it was wholeheartedly followed.
  • It was in 1991 after repeated flouting of the election norms and continued corruption, the EC decided to enforce the MCC more strictly.
• MCC for Political Parties and Candidates:
  • Prohibitions:
    • Criticism of political parties must be limited to their policies and programmes, past record, and work.
    • Activities such as using caste and communal feelings to secure votes, criticizing candidates on the basis of unverified reports, bribing or intimidation of voters, etc. are prohibited.
  • Meetings:
    • Parties must inform the local police authorities of the venue and time of any meeting in time to enable the police to make adequate security arrangements.
  • Processions:
    • 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 authorized 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.
  • Observers:
    • 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.
    • The party must avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.
    • From the time elections are announced by Commission, the ministers and other authorities must not announce any financial grants, or promise any construction of roads, provision of drinking water, etc. Other parties must be allowed to use public spaces and rest houses, and these must not be monopolized by the party in power.
  • Election Manifestos:
    • The ECI directs that political parties and candidates must adhere to the following guidelines while releasing election manifestos for any election (Parliament/State Legislatures):
      • The election manifesto shall not contain anything against the ideals and principles enshrined in the Constitution.
      • Political parties should avoid making promises that are likely to vitiate the purity of the election process or exert undue influence on voters.
      • Manifestos should reflect the rationale for promises and broadly indicate the ways and means to meet the financial requirements for it.
    • Manifestos shall not be released during the prohibitory period, as prescribed under Section 126 of the Representation of the People Act 1951, for single or multi-phase elections.

Some Recent Additions to the MCC:

• The regulation of opinion polls and exit polls during the period notified by the ECI.
• The prohibition of advertisements in print media on polling day and one day prior to it unless the contents are pre-certified by screening committees.
• The restriction on government advertisements featuring political functionaries during the election period.

Is the MCC Legally Enforceable?

• 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 through invoking corresponding provisions in other statutes such as the IPC 1860, CrPC 1973, and RPA 1951.
• In 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice recommended making the MCC legally binding and recommended that the MCC be made a part of the RPA 1951.
• However, the ECI argues against making it legally binding. According to it, elections must be completed within a relatively short time or close to 45 days and judicial proceedings typically take longer, therefore it is not feasible to make it enforceable by law.

What are the Criticisms of the MCC?

• Ineffectiveness in Curbing Malpractices:
  • The MCC has failed to prevent electoral malpractices such as hate speech, fake news, money power, booth capturing, voter intimidation, and violence.
  • ECI is also challenged by new technologies and social media platforms that enable faster and wider dissemination of misinformation and propaganda.
• Lack of Legal Enforceability:
  • MCC is not a legally binding document and relies merely on moral persuasion and public opinion for compliance.
• Interference with Governance:
  • MCC imposes limitations on policy decisions, public spending, welfare schemes, transfers, and appointments.
  • ECI is often criticized for applying the MCC too early or too late, affecting development activities and public interest.
• Lack of Awareness and Compliance:
  • It is not widely known or understood by voters, candidates, parties, and government officials.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

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)

Mains:

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

Source: TH