The Hindu Editorial Analysis- 6th May 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The PM’s speeches fall foul of the Model Code of Conduct

Why in News?

The nation is in the grip of the Lok Sabha elections. Political manifestos are in the news, not for their good content, but for what they don’t contain. The Prime Minister’s recent statement that the Congress wants to take away properties, including gold and mangalsutra, from the people and distribute it among members of the minority community reflects the quality of the narrative in the ongoing election.

What is MCC and its Evolution?

About:

• The Model Code of Conduct (MCC) is an agreement among political parties to regulate their behavior during elections, ensuring fairness.
• It assists the Election Commission (EC) in fulfilling its constitutional mandate under Article 324 to oversee and ensure fair elections to the Parliament and State Legislatures.
• The MCC becomes effective from the announcement of the election schedule until the declaration of results.
• During this period, the government is restricted from announcing financial grants, committing to infrastructure projects, or making sudden appointments in government or public entities.

Enforceability of MCC:

• Despite lacking statutory support, the Model Code of Conduct (MCC) has gained significance over the last decade due to rigorous enforcement by the Election Commission (EC).
• Certain aspects of the MCC can be enforced by utilizing relevant provisions from other laws like the Indian Penal Code (IPC) 1860, the Code of Criminal Procedure (CrPC) 1973, and the Representation of People's Act (RPA) 1951.

Evolution of MCC:

• Kerala pioneered the adoption of a code of conduct for elections, introducing a draft code in 1960 before its Assembly elections, covering key aspects such as processions, political rallies, and speeches.
• In 1974, the Election Commission of India (ECI) formalized the Model Code of Conduct (MCC) and established administrative bodies at the district level to ensure its implementation.
• Prior to 1977, the MCC primarily applied to political parties and candidates.
• By 1979, the Election Commission observed instances of ruling parties exploiting power, prompting revisions to the MCC to encompass their conduct.
• The revised MCC comprised seven parts, including guidelines for ruling parties' behavior following election announcements.
• Part I outlined general good conduct for candidates and parties, while Parts II and III focused on regulations for public meetings and processions.
• Parts IV and V provided instructions for behavior on polling day and at polling booths.
• The MCC has undergone multiple revisions since 1979, with the most recent update occurring in 2014.

Key Provisions of MCC:

• Parties and candidates are prohibited from engaging in activities that could exacerbate existing divisions or create tension between different castes, communities, religions, or linguistic groups.
• Section 123(3) of the Representation of the People Act, 1951, prohibits the use of religion, race, caste, community, or language to incite enmity or hatred among people and to exploit them for political gain.
• Criticisms of other political parties should focus on evaluating their policies, past performance, and initiatives, avoiding personal attacks.

Meetings and Processions:

• Parties must inform the local police authorities of the venue and time of any meeting to enable the police to make adequate security arrangements.
• If two or more candidates plan processions along the same route, the political parties must establish contact in advance to ensure that the processions do not clash.
• Carrying and burning effigies representing members of other political parties is not allowed.

Polling Day:

• Only voters and those with a valid pass from the EC are allowed to enter polling booths.
• All authorised party workers at polling booths should be given suitable badges or identity cards.
• Identity slips supplied by them to voters shall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party.
• The EC will appoint observers to whom any candidates may report problems regarding the conduct of the election.

Party in Power:

• 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.

What are the Issues Associated with MCC?

• Enforcement Challenges:
  • Inconsistent or inadequate enforcement of the MCC may result in violations going unpunished due to its lack of statutory backing.
  • The Election Commission of India (ECI) opposes legalizing the MCC, citing the need for swift election completion within approximately 45 days, making legal enforcement impractical due to lengthy judicial processes.
• Ambiguity: Certain provisions of the MCC may be vague or subject to interpretation, causing confusion among political parties and candidates.
• Limited Scope: Critics argue that the MCC should cover a broader range of issues, including electoral funding, social media usage, and hate speech.
• Timing Issues: The MCC's implementation is limited to election periods, potentially allowing misconduct outside of these periods.
• Impact on Governance: Some argue that the MCC's restrictions on government activities during election periods may impede governance functioning.
• Need for Reform: There are calls for reforming the MCC to address its shortcomings and enhance its effectiveness in ensuring fair and transparent elections.

Way Forward

• Strengthen Enforcement: Enhance mechanisms for enforcing MCC guidelines to ensure compliance by all political parties.
• Clarify Provisions: Improve clarity and specificity of MCC rules to minimise ambiguity and facilitate better understanding and adherence. Thus, need for a codified and comprehensive MCC.
• Expanding Scope as per New-age Needs: Consider broadening the MCC's coverage to address emerging issues such as digital campaigning and electoral funding transparency.
• Legalising MCC: Evaluate proposals to legally institutionalise the MCC, providing it with statutory backing for enhanced effectiveness and enforceability.
  • In 2013, the Standing Committee on Personnel, Public Grievances, Law, and Justice proposed legally binding the MCC and integrating it into the RPA 1951.
  • Dinesh Goswami Committee on Electoral Reforms (1990) suggested that the weakness of the MCC could be overcome by giving it statutory backing and making it enforceable through law
• Public Awareness: Launch campaigns to educate voters, political parties, and candidates about the importance of MCC compliance and its role in fostering fair elections.
• Continuous Review: Establish a framework for regular evaluation and adaptation of the MCC to address evolving electoral dynamics and challenges.

Conclusion

The Model Code of Conduct (MCC) serves as a compass for democracy but faces challenges with declining commitment and increasing violations. Legalising it could empower the Election Commission to address corruption and ensure fair elections, essential for upholding the integrity and credibility of democratic processes.