Comprehensive Guide to the Model Code of Conduct (MCC) for Fair and Transparent Elections
| 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. |
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The Model Code of Conduct (MCC) is a set of regulations enforced by the Election Commission of India (ECI) to ensure fair and transparent elections in the country. It is a set of guidelines that have developed through the consensus of political parties to uphold the principles outlined in the code. Political parties are bound by the MCC to adhere to its rules both in letter and in spirit.
- Enforcement Date: The Model Code of Conduct becomes effective upon the announcement of election dates, whether for Parliament, state Assemblies, or districts, and remains in force until the conclusion of the election.
- The MCC comes into effect as soon as the polling dates are declared and remains applicable until the election results are officially announced.
- Scope: During Assembly elections, the Model Code of Conduct applies throughout the state where elections are being held. For Parliamentary or general elections, it is applicable nationwide.
- For by-elections at the district level, the MCC applies within the district where the election is scheduled to take place.
- Regulations: The Model Code of Conduct includes provisions related to the general behavior of political parties and candidates, conduct during meetings and processions, instructions for polling days and booths, appointment of observers by the EC to address candidate complaints, restrictions on the ruling party, and guidelines concerning election manifestos.
- Polling Day Procedures: Only voters and individuals with valid passes issued by the Election Commission are allowed inside polling booths.
- All party workers stationed at polling booths must wear proper badges or carry identity cards.
- Identity slips distributed to voters should be on plain (white) paper without any symbols, candidate names, or party affiliations.
- Role of Observers: The EC appoints observers to whom candidates can report issues related to election conduct.
- Guidelines for Party in Power: The Model Code of Conduct introduced restrictions in 1979 aimed at regulating the behavior of the ruling party.
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- Ministers are prohibited from combining official visits with election-related activities or using official resources for electoral purposes.
- The ruling party must refrain from promoting its achievements using public funds or official media for electoral gains.
- Starting from the election announcement, ministers and authorities are barred from announcing financial grants or promising infrastructure projects like road construction or water provision.
- Public spaces and rest houses should be equally accessible to all parties and not monopolized by the ruling party.
- Polling Booth Protocol: Only individuals with valid passes from the Election Commission can enter polling booths, apart from voters.
- Limitations: The Model Code of Conduct is non-statutory, so the Election Commission cannot take legal action in most cases where it is violated by candidates.
Evolution and Impact of India’s Model Code of Conduct (MCC)
The origins of the Model Code of Conduct (MCC) can be traced back to India’s electoral history, specifically to Kerala, where a precursor called the ‘Code of Conduct’ was first introduced during the state’s Assembly elections in 1960.
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- Origin and Development: The MCC has its roots in India’s electoral past, starting in Kerala in 1960 before evolving into its current form.
- Early Stages: The initial version, known as the ‘Code of Conduct,’ was formulated during the 1960 Assembly elections in Kerala by the State Administration for political leaders.
- Widespread Adoption: In the subsequent 1962 Lok Sabha elections, the Election Commission disseminated this code to all recognized political parties and state governments, leading to its widespread acceptance across the nation.
- Anti-Corruption Measures: Between 1962 and 1991, the ECI recognized the necessity to address corrupt electoral practices involving power and monetary misuse. This led to refinements in the code, including measures to regulate the conduct of the ruling party and prevent unfair advantages during elections.
- Renaming and Strengthening: The code was later renamed as the Model Code of Conduct (MCC) and underwent enhancements to enhance its efficacy. Despite calls for legislative incorporation, no formal enactment took place.
- Enhanced Enforcement: Post-1991, the ECI adopted new enforcement mechanisms for the MCC. Notably, Chief Election Commissioner T.N. Seshan used constitutional powers under Article 324 to postpone elections in cases of violations.
- Judicial Intervention: In 2013, the Supreme Court intervened, instructing the Election Commission to include guidelines on election manifestos within the MCC framework. These directives were integrated, boosting the MCC’s relevance and applicability in subsequent elections, including the 2014 general elections.
Upholding the Model Code of Conduct (MCC): The Vital Role of the Election Commission
Article 324 of the Constitution empowers the EC to oversee elections to Parliament and state legislatures, aligning with the Model Code of Conduct’s objectives.
Ensuring MCC Adherence: The ECI ensures that political parties, including those in power at the central and state levels, comply with the code, promoting free, fair, and peaceful elections for Parliament and State Legislatures.
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- Preventing Misuse: It safeguards against the misuse of official resources for electoral purposes.
- Combatting Malpractices: The ECI strives to prevent electoral offenses and malpractices such as impersonation, bribery, voter inducement, threats, and voter intimidation.
- Enforcement Process: When a political party or individual is accused of violating the Model Code of Conduct, the EC issues a notice based on a complaint. The accused party or individual must respond in writing either admitting to the violation or refuting it. However, since it is not legally enforceable, certain MCC provisions can be enforced through other statutes like the Indian Penal Code (IPC) or Representation of the People Act.
Enforcing Compliance: Restrictions Under the Model Code of Conduct (MCC)
- Ministerial Conduct During Elections: Ministers are prohibited from blending official visits with election campaigning activities. They cannot utilize official resources or personnel for electioneering purposes.
- Transportation Restrictions: No mode of transport, including official vehicles or aircraft, can be used for advancing any party’s or candidate’s interests.
- Transfer and Posting Regulations: A complete ban on transferring or posting officers involved in election-related duties is enforced. Any necessary transfers require prior approval from the ECI.
- Ministerial Interactions with Election Officials: No minister at either Union or state level can summon election-related officers for official discussions during elections.
- Official Travel Protocol: If a Union minister needs to travel outside Delhi for unavoidable official reasons that are in public interest, a letter from the concerned Ministry/Department Secretary should be sent to the state’s Chief Secretary with a copy to the ECI certifying this need.
- Media Misuse Prohibition: Advertising achievements using public funds in print or electronic media and misusing official media for electoral purposes is prohibited.
- Government Scheme Implementation: If a state or Union government scheme has been announced but work has not commenced when the Model Code of Conduct is in force, no work should start. However, ongoing projects can continue.
- Funding Restrictions: No new funds from MPs/MLAs/MLCs’ Local Area Development Fund or any scheme can be released in areas where elections are ongoing until after completion.
- Financial Protocol for Government-funded Institutions: Government-funded financial institutions must not write off loans granted to individuals or entities. They should also refrain from indiscriminately increasing loan limits while granting loans.
Proposed Reforms and Future Directions
Legal Standing: The Standing Committee on Personnel, Public Grievances, Law, and Justice suggested integrating the MCC into the Representation of People Act, 1951 to give it.
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