Model Code of Conduct

  • What is a model code of conduct?
  • Historical context
  • Directives, procedure and issues
  • Issues & developments
  • Way forward

What is a model code of conduct?

The MCC is a set of guidelines issued by the Election Commission to regulate political parties and candidates prior to elections, to ensure free and fair elections. This is in keeping with Article 324 of the Constitution, which gives the Election Commission the power to conduct and supervise elections to the Parliament and state legislatures. The MCC is in operation from the date that the election schedule is announced till the date that results are announced.

Historical context

  • The MCC originated from the Assembly elections in Kerala in 1960, when the State administration prepared a 'Code of Conduct for political leaders. The leading political parties of the State voluntarily approved the code, and 'Code of Conduct proved useful during the elections.
  • During the Lok Sabha elections in 1962, the ECI circulated the code to all recognized political parties and State governments; which was generally followed by all political parties.
  • In 1979, the Election Commission added a section to regulate the 'party in power and prevent it from gaining an unfair advantage at the time of elections.
  • However, from 1967 till 1991, as political competition intensified, political parties indulged in corrupt electoral practices, used muscle power and money.
  • EC refined the code, making it more stringent by including a section about the misuse of powers by ruling parties and renamed it the MCC. Though it demanded that the MCC be incorporated in the law, no such law could be passed.
  • After 1991, the ECI used new means to enforce the MCC. In case of violation of MCC, Chief Election Commissioner, T.N. Seshan used constitutional power and postponed elections.
  • In 2013, the Supreme Court directed the Election Commission to include guidelines regarding election manifestos, which it had included in the MCC for the 2014 general elections.

Directives and Procedure

  • It restricts individual or party to use language which creates mutual hatred or cause tension between different castes and communities, religious or linguistic.
  • There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda.
  • It provides guidelines for "corrupt practice" such as the bribing of voters, intimidation of voters, impersonation of voters etc.
  • The Supreme Court in its judgment (S. Subramaniam Balaji Vs Govt. Of Tamil Nadu and Others) has directed the Election Commission to frame guidelines with regard to the contents of election manifestos in consultation with all the recognized political parties.
  • 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.
  • All authorised party workers at polling booths should be given identity badges. These should not contain the party name, symbol or name of the candidate.
  • 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. Ministers and other authorities must not announce any financial grants, or promise any construction of roads, provision of drinking water, etc.

Issues & developments

  • The MCC is not enforceable by law. However, certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Representation of the People Act, 1951.
  • Electoral malpractice has appeared in new forms.With the development of technology, Media and Social Media used as tools for voter bribery and manipulation. These techniques of unethically influencing voters are harder to stem in place of voter intimidation and booth capturing.
  • The ECI's response and resources to handle the new challenges has been not adequate. Recently, It has appointed expenditure observers, evolved new code for social media, stopped the release of biographical pictures that could influence voters but these measurements is not enough in the light of recent violence of MCC in the 17th Lok Sabha election.
  • ECI's capacity for response to inappropriate statements by powerful political actors has been weak, or delayed. That's why, political actors are regaining the confidence to flout the MCC without facing the consequences.
  • ECI is not showing enough courage to secure a level playing field, attacks on it have increased. They now encompass its processes such as the use of electronic voting machines, which had become acceptable when the ECI was stronger.

Way forward

  • In 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the MCC legally binding. It recommended that the MCC be made a part of the Representation of the People Act, 1951.
  • But The Election Commission has argued against making the MCC legally binding; stating that elections must be completed within a relatively short time (close to 45 days), and judicial proceedings typically take longer, therefore it is not feasible to make it enforceable by law.
  • But, concern of EC can be resolved by creating a tribunal or fast track court for MCC violation cases.
  • In 2015, the Law Commission in its report on Electoral Reforms, noted that MCC comes into operation only from the date on which the Commission announces elections, the government can release advertisements prior to the announcement of elections, which can give an advantage to the ruling party to issue government sponsored advertisements that highlights its achievements, which gives it an undue advantage over other parties and candidates.
  • Therefore, the Commission recommended that a restriction should be imposed on government-sponsored advertisements for up to six months prior to the date of expiry of the House/Assembly.
  • More technology based resources (AI based system) can use for stoping the violation through the social media platforms.
  • More independence should be provided to the Election Commission as like CAG, which will empower EC to take more stringent against powerful leaders.

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