Copyright infringement not intended
Picture Courtesy: THE HINDU
India, the world's largest democracy, employs the Model Code of Conduct (MCC) to ensure the integrity of its electoral process.
It is a set of guidelines that the Election Commission of India (ECI) issues for political parties and candidates to regulate their conduct during elections.
It ensures a fair, transparent, and peaceful election process, preventing ruling party power misuse and electoral malpractices.
It becomes operational with the announcement of the election schedule by the ECI and remains in force until the declaration of election results; it covers the entire campaign period, polling days, and the counting process.
Origin in Kerala (1960): The MCC originated as a 'Code of Conduct' for political actors, drafted by the Kerala state administration for the 1960 Kerala Assembly elections.
Nationwide Adoption (1962): The ECI circulated MCC to all recognized political parties and state governments for the 1962 Lok Sabha elections.
Refinement and Consolidation (1960s-1991): The ECI refined the MCC between 1962 and 1991 to address corrupt electoral practices, including money and muscle power.
Watershed Moment (1991): The 1991 general elections, under Chief Election Commissioner T.N. Seshan, strengthened the MCC through stricter ECI enforcement.
Manifesto Guidelines (2013): New chapter was incorporated into the MCC to regulate election manifestos, prohibiting promises that violate the purity of the election process or exert undue influence on voters.
General Conduct
Promoting Harmony
Political parties and candidates must avoid activities that create or escalate differences, hatred, or tension among various castes, communities, religions, or linguistic groups.
Constructive Criticism
Criticism of opposing political parties should focus on their policies, programs, past performance, and work. Personal attacks or unverified allegations are prohibited.
Fair Campaigning:
Election Manifestos
Manifestos must align with constitutional ideals, avoid corrupting elections, and not be released during the prohibitory period (or "silence period", lasts for 48 hours before the polls close) under Section 126 of the Representation of the People Act, 1951.
Preventing Malpractice
"Corrupt practices" and "offences" under election law, such as bribing voters, intimidation, impersonation, or campaigning within 100 meters of polling stations, are prohibited.
Social Media and AI
The ECI advises political parties and candidates against misusing AI-based tools to create deepfakes or propagate misinformation on social media platforms.
Meetings and Processions
Prior police permission is required for public meetings and processions to maintain law and order, prevent traffic obstruction, and avoid clashes. Carrying potential weapons is prohibited.
Polling Day
Disturbing voters, the polling process, or using propaganda near booths is prohibited. Only voters, election agents, and authorized individuals are permitted inside polling booths.
Party in Power
Ministers must not combine official visits with election work or use official machinery for campaigning.
The ruling party must avoid advertising at public expense or using official mass media for publicity to improve election chances.
From the announcement of elections, ministers and authorities cannot announce any financial grants, new projects, welfare schemes, or make ad-hoc appointments that may influence voters.
It is a voluntary pact among political parties, lacks statutory backing and is not legally enforceable. However, its provisions can be enforced by invoking corresponding sections of existing laws like the Bharatiya Nagarik Suraksha Sanhita 2023, and the Representation of the People Act (RPA), 1951.
The ECI enforces the MCC using Article 324 of the Constitution, which tasks it with supervising, directing, and controlling free and fair elections for Parliament and state legislatures.
The Supreme Court, in Union of India vs Harbans Singh Jalal and Others, ruled that the Model Code of Conduct applies once the Election Commission of India (ECI) announces polling. A 1977 ruling established the ECI's authority to regulate any "grey area" not covered by existing law.
Ensures Level Playing Field
It prevents the ruling party from using its official position and state machinery for electoral advantage, guaranteeing fair competition.
Promotes Ethical Campaigning
It encourages decency and decorum in political discourse, discouraging hate speech, communal appeals, and personal attacks.
Maintains Public Order
By setting guidelines for meetings and processions, it helps prevent clashes between rival groups and maintains peace during the election period.
Curbs Electoral Malpractices
It seeks to prevent corrupt practices like bribing voters, intimidation, and the distribution of illicit money or liquor.
Enhances Credibility of Elections
Adherence to the MCC instills public confidence in the fairness and transparency of the electoral process.
Lack of Statutory Backing
The ECI's code, reliant on persuasion and party compliance, is seen by critics as guidance, not enforceable law.
Enforcement Challenges
Circumvention of Spirit
Governments exploit MCC loopholes by rebranding or accelerating existing welfare schemes to influence voters, violating the code's spirit without announcing new projects.
Interference with Governance
Election-period restrictions on new policies and grants can impede public interest and legitimate development.
Challenges in the Digital Era
Deepfakes, micro-targeted ads, and encrypted communication on social media hinder the ECI's timely monitoring of misinformation and propaganda.
Limited Disqualification Powers
The ECI cannot directly disqualify candidates for MCC breaches; it can only recommend action or register FIRs, which then follow the standard legal process.
Statutory Backing
A Parliamentary Standing Committee suggested making the MCC legally binding by integrating it into the Representation of the People Act, 1951.
Fast-Track Tribunals
Dedicated election tribunals or fast-track courts could quickly resolve MCC violation complaints during elections, increasing the impact of punitive measures.
Leveraging Technology
The ECI needs to boost its tech, using AI and social media analytics to fight online propaganda, hate speech, and deepfakes. Collaboration with social media platforms for quick content removal.
Clearer Definitions and Scope
Ambiguity in MCC definitions of "freebies" and "ongoing schemes" hinders interpretation and enforcement, requiring clarification to prevent circumvention.
Strengthening ECI's Autonomy and Powers
The ECI needs sufficient resources, staff, and clear constitutional authority to act actively against violators, free from political pressure. This includes limited legal power for financial penalties or temporary disqualifications.
Encourage an Ethical Political Culture
The MCC's effectiveness depends on the integrity of political parties and leaders. As B.R. Ambedkar noted, even a good Constitution can fail with bad implementers. Encouraging democratic values and fair play among political actors is the crucial long-term solution.
The Model Code of Conduct, a moral charter supported by political consensus and enforced by the Election Commission under Article 324, is crucial for ensuring free and fair elections in India, requiring continuous evolution and commitment to maintain democratic integrity.
Source: THE HINDU
|
PRACTICE QUESTION Q. Examine the challenges faced by the Election Commission of India in enforcing the Model Code of Conduct in the era of social media. 150 words |
It is a set of guidelines and norms evolved with the consensus of political parties to regulate their conduct and that of their candidates during the election period. It aims to ensure a level playing field for all parties, maintain peace and order, and facilitate the conduct of free and fair elections by the Election Commission of India (ECI).
The Model Code of Conduct is issued and enforced by the Election Commission of India (ECI) in the discharge of its constitutional duty to conduct free, fair, and peaceful elections under Article 324 of the Constitution.
The MCC comes into force immediately from the date the Election Commission announces the schedule for elections (whether general or by-elections) and remains operational until the entire election process is completed and results are declared.
© 2025 iasgyan. All right reserved