Context:

The Model Code of Conduct (MCC) came into effect on March 16, when the Election Commission of India (ECI) announced that the Lok Sabha elections would be held in seven phases from April 19, 2024 to June 01, 2024.

Ensuring Fair Elections: Understanding the Model Code of Conduct (MCC)

The Model Code of Conduct (MCC) is a set of rules put in force by the Election Commission of India (ECI) to guarantee free and fair elections in the country. It is a set of rules that have evolved as a result of political parties agreeing to follow the principles embodied in the code. It also binds them to respect and follow it in letter and spirit.

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• Date of Enforcement: The Model Code of Conduct is valid from the date of the election schedule announcement, either to the Parliament, state Assemblies or districts, and continues through the election in question. 
  • The MCC is effective as soon as the poll dates are announced. 
  • It remains effective until the election results are formally declared and notified.
• Geographical Application: The Model Code of Conduct is valid throughout the poll-bound state in case of Assembly elections. 
  • In the case of Parliamentary or general elections, the Model Code of Conduct is valid throughout the country. 
• MCC in By-Election: In the case of by-elections to districts, the MCC is valid throughout the district where the election will be held. 
• Restrictions Imposed by Model Code of Conduct: There are eight provisions dealing with the general conduct of a political party or a candidate, meetings, processions, instructions for polling days and polling booths, observers appointed by the EC to deal with complaints of the candidates, restrictions to be followed by the party in power and guidelines pertaining to the election manifestos.
• Polling Day Protocol: Only voters and individuals possessing a valid pass issued by the Election Commission (EC) are permitted to enter polling booths.
  • All authorized party workers stationed at polling booths must be provided with appropriate badges or identity cards.
  • Identity slips distributed to voters by these workers must be on plain (white) paper and devoid of any symbols, candidate names, or party affiliations.

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• Observers’ Role: The Election Commission (EC) will appoint observers who candidates may report problems regarding the conduct of the election to.
• Party in Power Guidelines: The Model Code of Conduct (MCC) introduced certain restrictions in 1979 aimed at regulating the conduct of the party in power.
  • Ministers are prohibited from blending official visits with election-related activities or utilizing official machinery for such purposes.
  • The party in power must refrain from advertising its achievements at the expense of public funds or leveraging official mass media for electoral gains.
  • Starting from the announcement of elections by the Commission, ministers and other authorities are barred from announcing financial grants or promising infrastructural developments such as road construction or provision of drinking water.
  • Public spaces and rest houses must be equally accessible to all parties and not monopolized by the party in power.
• Polling booth: Only individuals with a valid pass from the Election Commission are allowed to enter the polling booths, aside from the voters.
• Limitation of MCC: Model Code of Conduct is non-statutory in nature and hence Election Commission can’t take legal actions in most cases where it is flouted by the candidates.

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Evolution and Impact of India’s Model Code of Conduct (MCC)

MCC has its origins deeply entrenched in India’s electoral landscape. Its inception can be traced back to Kerala, where a precursor known as the ‘Code of Conduct’ was first introduced during the state’s Assembly elections in 1960.

• Origin and Evolution: The Model Code of Conduct (MCC) finds its origins in the electoral history of India, originating in the state of Kerala before evolving into its current form.
• Early Development: The Model Code of Conduct can be traced back to the 1960 Assembly elections in Kerala, where a precursor known as the ‘Code of Conduct’ was formulated by the State Administration for political leaders.
• Widespread Implementation: In the subsequent 1962 Lok Sabha elections, the Election Commission of India (ECI) disseminated this code to all recognized political parties and state governments. 
  • It was widely adhered to across the nation.
• Enhancements to Combat Corruption: Between 1962 and 1991, the ECI recognized the need to address corrupt electoral practices involving the misuse of power and money. 
  • Consequently, the code underwent refinements, including the incorporation of measures to regulate the conduct of the ‘party in power’ and prevent unfair advantages during elections.
• Renaming and Stringency: The code was rechristened as the Model Code of Conduct (MCC) and underwent enhancements to bolster its effectiveness. Despite calls for legislative integration, no formal enactment transpired.
• Strengthened Enforcement: Post-1991, the ECI adopted novel enforcement mechanisms for the Model Code of Conduct. 
  • Notably, Chief Election Commissioner T.N. Seshan wielded constitutional powers under Article 324 to defer elections in instances of violations.
• Judicial Intervention: In 2013, the Supreme Court intervened, directing the Election Commission to incorporate guidelines on election manifestos within the MCC framework. 
  • These directives were duly integrated, enhancing the MCC’s relevance and applicability during subsequent elections, including the 2014 general elections.

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The Crucial Role of the Election Commission in Upholding the Model Code of Conduct (MCC)

Article 324 of the Constitution gives EC the power to supervise elections to the Parliament and the state legislatures, Model Code of Conduct is in keeping with that.

• Ensure MCC Application: ECI ensures the code’s observance by political parties including ruling parties at the Centre and in the states and also ensures free, fair and peaceful elections to the Parliament and the State Legislatures. 
• Preventing Misuse: It makes sure that official machinery for electoral purposes is not misused. 
• Prohibit Malpractices: It ensures that electoral offences, malpractices such as impersonation, bribing and inducement of voters, as well as threats to and intimidation of voters, are prevented. 
• Violation of Model Code of Conduct: The EC issues a notice to the political party or a politician for alleged breach of the code, on the basis of a complaint by another party or an individual.
  • The party or the person then has to reply to the EC in writing, either accepting that the MCC was violated, or rebutting the charge.
  • However, the MCC is not enforceable by law. 
  • Certain provisions of the MCC can be enforced by invoking corresponding provisions in other statutes, such as Indian Penal Code (IPC), Representation of the People Act, etc.

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Enforcing Compliance: Restrictions Under the Model Code of Conduct (MCC)

• Ministerial Conduct During Elections: Ministers can’t combine official visits with their electioneering work. 
  • They also cannot make use of official machinery or personnel during electioneering.
• Transportation Restrictions: No means of transportation, including official aircraft and vehicles, may be used to advance the interests of any party or candidate.
• Transfer and Posting Protocol: A total ban on transfer and posting of all officers/officials directly or indirectly connected with the conduct of the election is put into effect. 
  • If a transfer or posting of an officer is deemed necessary, prior approval from the ECI is required.
• Ministerial Interactions with Election Officials: No minister, whether Union or state, may summon any election-related officer of the constituency or the state for any official discussions anywhere.
• Official Travel Protocol: If a Union minister is required to travel outside of Delhi for purely official reasons that cannot be avoided in the public interest, a letter certifying this must be sent from the concerned Secretary of the Ministry/Department to the Chief Secretary of the concerned state, with a copy to the ECI.
• Prohibition on Misuse of Media: Advertisements regarding the party’s achievements at the cost of public exchequer in print and electronic media and the misuse of official mass media are prohibited.
• Implementation of Government Schemes: If a state or Union government order has been issued in relation to a scheme but no work has begun until the Model Code of Conduct is in effect, no work shall be started in that regard. 
  • However, if work has already begun in the field, it can be continued.
• Funding Restrictions: No new funds can be released under the MPs/MLAs/MLCs’ Local Area Development Fund of any scheme in any area where an election is taking place until the election is completed.
• Financial Protocol for Government-funded Institutions: Financial institutions funded fully or partially by the government shall not take recourse to write off loans advanced to any individual, company, firm, etc. 
  • Also, while granting or extending loans, the financial limits of such institutions should not be enhanced by issuing loans indiscriminately to beneficiaries.

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Way Forward: Proposed Reforms and Future Directions

Reforms proposed for enhancing the effectiveness of the Model Code of Conduct (MCC) include:

• Legal Enforcement: The Standing Committee on Personnel, Public Grievances, Law, and Justice suggested in 2013 that the MCC should be given legal standing by integrating it into the Representation of the People Act, 1951.
• Enforcement through Alternative Measures: While the Model Code of Conduct itself isn’t legally binding, certain provisions can be enforced using existing legal frameworks such as the Indian Penal Code of 1860, Code of Criminal Procedure of 1973, and Representation of the People Act of 1951.
• Recommendation by the Law Commission (2015): The Law Commission highlighted the issue of ruling parties leveraging government-sponsored advertisements to showcase achievements before the Model Code of Conduct is announced, potentially creating an unfair advantage. 
  • It recommended a ban on such advertisements for up to six months before the end of the House/Assembly term to ensure fairness among all parties and candidates.
• Utilization of Technology: Leveraging technology, including AI-based systems, can aid in monitoring and preventing MCC violations on social media platforms and other digital channels.
• Independence of the Election Commission: Granting greater autonomy to the Election Commission akin to the Comptroller and Auditor General (CAG) would empower it to take more decisive actions for enforcing the Model Code of Conduct effectively.