Context

Model Code of Conduct comes into force for 2024 Lok Sabha elections.

About Model Code of Conduct (MCC)

• Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) to regulate the behaviour of political parties and candidates during elections.
• Purpose:  To prevent misuse of power by ruling parties and curb corrupt practices.
• Coverage: The MCC covers multiple aspects such as speeches, polling booths, election manifestos, and general conduct to ensure fair and ethical election practices.

Origins of Model Code of Conduct (MCC)

• In the 1960 Kerala Assembly elections, a ‘Code of Conduct’ was introduced by the State administration for political actors.
• The leading political parties voluntarily approved and adhered to the code.
• In the Lok Sabha elections in 1962: The Election Commission of India (ECI) circulated the MCC to all recognized political parties and State governments..
• Voluntary acceptance of the Code reflected the will of the Political Parties to ensure free and fair elections.
• Changes in the compliance of MCC: 
  • Increase in corrupt electoral practices by political parties from 1967 till 1991, as political competition intensified.
  • Though the Election Commission of India (ECI) demanded that the MCC be incorporated in the law, no such law could be passed.

A turning point: 

• Role of T.N.Seshan: The then-Chief Election Commissioner, T.N. Seshan publicly rebuked prominent political actors and postponed elections, demonstrating the ECI’s authority to set election dates.
• Post 1991 Reforms: The ECI enforced the Model Code of Conduct (MCC) more rigorously.
  • As a result, political actors began to take the MCC seriously, even if they did not respect it and as a result electoral malpractices decreased dramatically.

What Falls Under the Model Code of Conduct?

• No new Projects or Schemes: When the Model Code of Conduct goes into effect, the government rarely introduces new ground for projects or public initiatives.
• Prohibition from any recruitment process: Government bodies are not permitted to participate in any recruitment procedure during the election process.
• Prohibition from Disrupting Opponents Campaign: Contesting candidates and their supporters are not permitted to disrupt the freedom of their opponents’ roadshows. The code of conduct has significant control over this.
• No disruption to Traffic or general public: Election campaign rallies and roadshows must not disrupt road traffic or the general public.

Salient Features of Model Code of Conduct

• General Conduct of Political Parties: Political party criticism should be limited to their policies and plans, as well as their track record and work. Activities such as leveraging caste and communal feelings to win votes, disparaging candidates based on unverified allegations, bribing or intimidating voters, and so on are all forbidden.
• Intimation of Meetings of Parties: Parties must notify the local police authority of the location and time of any meetings in advance so that the police can make proper security measures.
• Processions of Political parties: If two or more candidates arrange processions along the same route, planners must make contact ahead of time to avoid clashes. Carrying and burning effigies of members of other political parties is prohibited.
• Polling Day: All authorised party workers at polling stations should be issued appropriate badges or identity cards. They must provide voters with identity slips that are printed on plain (white) paper and do not include any symbols, candidate names, or party names.
• Polling Booths: Only voters and those with a valid EC pass may enter polling booths.
• Observers: The EC will designate observers to whom candidates can raise problems with the election’s conduct.
• Party in power: In 1979, the MCC imposed various rules that regulated the behaviour of the party in power.
  • Ministers must not combine official visits with election work, nor may they use official machinery for the purpose.
  • To improve its prospects of winning the elections, the party must avoid spending money on advertising or using official mass media to publicise its accomplishments.
  • Ministers and other officials must not make any financial announcements or promises on road building, drinking water availability, and so on.
  • Other parties must be allowed to utilise public venues and restrooms, and the party in power must not monopolise these resources.
• Social Media Guidelines: A party or candidate cannot post or share a remark against its rival that is insulting and below dignity. 
  • Similarly, an advertisement masquerading as news or misleading advertisements can’t be shared on social media.

Applicability of Model Code of Conduct (MCC)

• Elections to the  Lok Sabha: During general elections to the House of People (Lok Sabha), the code applies across the country.
• Elections to the Legislative Assembly of States:  During general elections to the Legislative Assembly (Vidhan Sabha), the code applies throughout the State.
• By elections: During bye-elections, the code applies to the entire district or districts in which the constituency falls.

Criticisms of Model Code of Conduct (MCC)

• Legally not Enforceable: The MCC is not legally enforceable, and the lack of legal underpinning calls into doubt its efficiency and the Election Commission’s ability to provide a level playing field for all candidates.
• New forms of election fraud:  With technological advancements and the rise of social media, including the use of these platforms for voter bribery and manipulation.
• Weak responses and delayed action: ECI’s ability to respond to incorrect statements by influential political actors has been limited or delayed. As a result, political actors are regaining confidence in their ability to violate the MCC without repercussions.
• No power to Disqualify: The Election Commission does not have the authority to disqualify candidates who commit electoral malpractices.

News Source: Indian Express