Context

This editorial is based on the news “Model Code of Conduct comes into force for 2024 Lok Sabha elections: What does it mean?” which was published in the Indian Express. Model Code of Conduct (MCC) comes into force for 2024 Lok Sabha elections.

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 Model Code of Conduct (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: 

• 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.
• 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.

New Flashpoints: 

• Emergence of New forms of Electoral Malpractices.
  • Use of Media for Voter bribery and manipulation: have become the techniques of unethically influencing voters in place of voter intimidation and booth capturing.
  • Booth-capturing is an identifiable event, taking place at a particular time and place.
  • Voter bribery is spread over time and space. Voters resent being intimidated and are likely to cooperate with authorities in preventing it, but may be willing to be bribed.
  • The misuse of the media is difficult to trace to specific political parties

Nature of Model Code of Conduct (MCC)

• Purpose: The Model Code of Conduct (MCC) evolved as part of the ECI’s drive to ensure free and fair elections and was the result of a consensus among major political parties.
• It has no statutory backing: Anybody breaching the MCC can’t be proceeded against under any clause of the Code. 
• Moral Sanction: The ECI uses moral sanction or censure for its enforcement.
• Suo Moto Cognizance: The ECI can issue a notice to a politician or a party for an alleged breach of the MCC either on its own or based on a complaint by another party or individual.

Restrictions Imposed by the Model Code of Conduct

• The Model Code of Conduct (MCC) contains eight provisions:  dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos.
• Some of them are as follows: 
  • No use of Government’s official position for campaigning
  • No policy, project or scheme can be announced that can influence the voting behaviour. 
  • Avoid Advertising at the cost of the public exchequer.
  • Avoid using official mass media for publicity on achievements to improve chances of victory in the elections.
  • The ruling government cannot make any ad-hoc appointments in government, public sector undertakings etc., which may influence the voters.
  • Political parties or candidates can be criticised based only on their work record and no caste and communal sentiments can be used to lure voters.
  • Holding public meetings during the 48-hour period before the hour fixed for the closing of the poll is also prohibited. 
  • The 48-hour period is known as “election silence”. The idea is to allow a voter a campaign-free environment to reflect on events before casting her vote.

Conclusion

As India gears up for the next general elections, the enforcement of the MCC underscores the commitment to conducting free and fair elections