The Hindu Editorial Analysis- 11th May 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Fraying of the Model Code of Conduct 

Why in News?

The model code of conduct has, once again, attracted national attention because of its egregious violation by senior politicians during the election campaign for the 18th Lok Sabha. Political parties are duty bound to obey the code as it was framed by the Election Commission of India (ECI) on the basis of a consensus among all political parties in order to have a peaceful, orderly and civilised election. However, as elections in India are a no holds barred war, this consensus often breaks down with party leaders losing no opportunity to hit their opponents below the belt.

About Model Code of Conduct (MCC)

• The Model Code of Conduct (MCC) is a comprehensive set of guidelines formulated by the Election Commission of India to regulate the behavior of political parties and candidates during electoral campaigns.
• It encompasses a wide array of issues such as speeches, polling day activities, management of polling booths, manifesto content, processions, and the general conduct of candidates.
• The primary objective of the MCC is to ensure that election processes unfold in an orderly, transparent, and peaceful manner, fostering a democratic environment.
• Through the enforcement of the MCC, the Election Commission of India effectively carries out its constitutional mandate, as stipulated in Article 324, to oversee and uphold the integrity of free and fair elections.

Objectives of Model Code of Conduct (MCC)

The key objectives of the Model Code of Conduct (MCC) are:

• To ensure that elections are free, fair, and transparent, maintaining the integrity and credibility of the electoral process.
• To keep the campaign fair and healthy, and avoid clashes between parties.
• To provide a level playing field for all political parties.
• To ensure that the ruling party does not misuse its official position to gain an unfair advantage in an election.

Evolution of the Model Code of Conduct (MCC)

The Model Code of Conduct (MCC) has undergone a significant evolution, shaped by the consensus of political parties and the Election Commission of India. Here's a breakdown of its evolution:

1. Origin:
   • The MCC traces its roots back to 1960 when a basic set of guidelines was established for the Assembly Election in Kerala.

2. Spread:

   • By the 1962 Lok Sabha General Elections, this code was circulated to all recognized political parties, with State Governments urged to ensure its acceptance.
   • In 1967, the Code was followed in both Lok Sabha and Assembly elections.
   • In 1968, the Election Commission initiated meetings with political parties at the State level, distributing the Code to uphold minimum standards of behavior for fair elections.
   • During the General Election of 1971-72, the Code was re-circulated.
   • In 1974, the Commission issued the Code to political parties participating in State Assembly elections.

3. Consolidation:

   • In 1979, the Election Commission, in consultation with political parties, expanded the code, adding a new section to restrict the "Party in power" from abusing its position for undue advantages.
   • By 1991, the code was consolidated and re-issued, taking its present form.

4. Judicial Recognition:

   • The MCC gained judicial recognition in the Union of India Vs. Harbans Singh Jalal and Others case of 2001.
   • The Supreme Court ruled that the MCC would be enforced from the moment the Election Commission issues a press release, settling disputes regarding its enforcement date.

Salient Features of Model Code of Conduct (MCC)

The salient features of the Model Code of Conduct lay down how political parties, contesting candidates, and party(s) in power should conduct themselves during the process of elections. They issue necessary guidelines which have been mentioned below:

• General Conduct during electioneering.
• Holding meetings and processions.
• Poll day activities.
• Appointment of observers.
• Functioning of the party in power.
• Election Manifestos.

Significant Provisions of Model Code of Conduct (MCC)

The Model Code of Conduct (MCC) in India encompasses several key provisions aimed at fostering fair and transparent elections:

General Conduct:

• Political parties and candidates are barred from activities that could incite communal tensions or promote animosity between different groups.
• Criticism of rival parties should be focused on their policies and past performances, avoiding personal attacks.
• Election propaganda in places of worship such as temples, mosques, and churches is prohibited.

Meetings:

Parties or candidates must notify local police authorities before organizing political meetings and campaigns to ensure proper management, security, and law and order.

Polling Day:

• Collaboration with polling authorities at polling booths is required to ensure the smooth conduct of elections.
• Prohibitions on distributing food or alcohol near polling stations aim to prevent voter manipulation.

Polling Booth:

• Only individuals authorized by the Election Commission with passes are permitted inside polling booths, besides voters themselves.

Observers:

• Election Commission appoints observers to address complaints or issues raised by political candidates or their agents during the electoral process.

Party in Power:

• The ruling party is obligated to abstain from misusing its official position for electoral advantage, ensuring fairness for all candidates.

Election Manifesto:

• Election manifestos must align with the ideals and principles enshrined in the Constitution and be consistent with the MCC's provisions.

Enforcement of Model Code of Conduct (MCC)

The Election Commission announces the scheduled elections in a major press conference a few weeks before the formal process is set in motion. The Model Code of Conduct (MCC) comes into effect immediately after this announcement and remains in force until the announcement of election results. Thus, the Code remains in effect throughout the election process.

Applicability of Model Code of Conduct (MCC)

Lok Sabha Elections – During the General Elections to the House of People (Lok Sabha), the code is applicable throughout the country.

Legislative Assembly Elections – During the General Elections to the Legislative Assembly (Vidhan Sabha), the code is applicable in the entire State.

Bye-Elections – During the bye-elections, the code is applicable in the entire district or districts in which the constituency falls.

Activities Prohibited under Model Code of Conduct (MCC)

The Model Code of Conduct (MCC) imposes strict regulations on ministers, government authorities, and political parties to uphold fairness during Indian elections. Here's a summary of the restrictions placed on ministers and other authorities:

1. New Financial Grants, Projects, or Schemes:

   • Ministers and authorities are barred from announcing any new financial grants, projects, or schemes after election dates are announced.
   • Even previously announced schemes yet to commence are required to be put on hold.

2. Foundation Stones and New Schemes:

   • Initiating new projects or laying foundation stones after the MCC is in effect is prohibited to avoid influencing voter opinion unduly.

3. Use of Official Machinery:

   • Utilizing government resources such as machinery, vehicles, and personnel for campaign purposes is strictly forbidden.

4. Official Visits and Campaigning:

   • Ministers are prohibited from combining official visits with election campaigning activities, ensuring separation between government duties and electoral campaigning.

5. Discretionary Funds:

   • After election announcements, ministers cannot sanction grants or payments from discretionary funds to prevent the use of government funds for electoral influence.

6. Government Accommodations and Buildings:

   • Government accommodations and buildings must not be used as campaign offices or for holding election-related meetings, preserving the neutrality of government spaces.

7. Official Mass Media Channels:

   • Misuse of official mass media channels for partisan coverage or publicity of the ruling party’s achievements is prohibited, maintaining media impartiality during elections.

8. Advertisements at Public Expense:

   • Issuing advertisements in newspapers and other media platforms at the expense of public funds for election purposes is prohibited, preventing the misuse of public funds for electoral gains.

Is the Model Code of Conduct Legally Enforceable?

The Model Code of Conduct (MCC) in India, despite lacking statutory backing, plays a crucial role in regulating electoral behavior. Here's an overview of the stance on legalizing the MCC, along with existing legal provisions aiding its implementation:

Parliamentary Standing Committee's Position:

• In 2013, the Standing Committee on Personnel, Public Grievances, Law, and Justice recommended making the MCC legally binding.
• The committee argued that many MCC provisions align with existing laws, making them enforceable.
• It highlighted the absence of immediate appeal mechanisms against decisions of Returning Officers, suggesting a need for legal backing.

Election Commission's Position:

• The Election Commission opposes legalizing the MCC due to practical concerns.
• It cites the short timeframe of elections (typically around 45 days) and the potentially lengthy legal proceedings, making enforcement impractical.
• Legal codification could shift decision-making power to the judiciary, slowing down the process and inviting unnecessary litigation.
• The EC believes that the MCC's objectives are best achieved through oversight by an impartial election watchdog.

Legal Provisions Aiding MCC Implementation:

• While the MCC itself isn't legally enforceable, certain provisions in existing laws align with its principles.
• The Representation of the People Act (RoPA) of 1951 contains provisions related to disqualification for certain offenses (Section 8) and electoral offenses (Part VII).
• Additionally, some MCC provisions are echoed in statutes like the Indian Penal Code (IPC) 1860 and the Code of Criminal Procedure (CrPC) 1973, aiding in their enforcement.

Importance of Model Code of Conduct (MCC)

The Model Code of Conduct (MCC) holds profound significance in the electoral process, ensuring that elections are conducted in a free, fair, and respectful manner. Its importance can be seen as follows:

• Ensuring Fair Play – The MCC acts as a leveler, ensuring that no political party or candidate has an undue advantage over others. It aims to create a fair competitive environment by restricting the misuse of government power, prohibiting the use of official machinery for campaigning, and ensuring that public resources are not diverted for electioneering purposes.
• Building Confidence in the Electoral Process – The enforcement of the MCC reassures the electorate that the elections will be conducted impartially, without undue influence from those in power, and that their vote is a crucial and respected component of the democratic process.
• Promoting Issue-based Campaigning – The MCC encourages political parties and candidates to focus their campaigns on policies, programs, and their track records rather than personal attacks or unfounded allegations against opponents. This emphasis on issue-based campaigning enlightens voters and helps them make informed decisions.
• Preventing Exploitation of Sectarian Issues – By prohibiting the use of caste, religion, or communal sentiments to seek votes, the MCC ensures that elections do not exacerbate social divisions or lead to communal tension. This is vital for the sustenance of secular and pluralistic democracy.
• Reducing Electoral Violence – By imposing strict norms on the conduct of political rallies, processions, and gatherings, the MCC helps reduce instances of electoral violence and ensures the safety and security of voters, political workers, and the general public during the election period.
• Promoting Decency and Decorum – The MCC mandates that political parties and candidates conduct their campaigns with high standards of decency and avoid actions or speech that might incite violence or hatred among different sections of society.
• Maintaining Public Order – The MCC plays a crucial role in maintaining public order during the election period by setting guidelines for the conduct of political parties and candidates. It helps prevent clashes between supporters of different parties and ensures that electioneering activities do not disrupt normal public life.

Criticism of Model Code of Conduct (MCC)

Some of the key criticisms of the Model Code of Conduct (MCC) are as follows:

• Enforcement – The MCC lacks legal enforceability and relies primarily on moral persuasion, leading to limitations on governance activities and public spending.
• Delayed Action and Weak Response – The Election Commission’s response to inappropriate statements by influential political figures has been slow or inadequate, allowing offenders to flout the Model Code of Conduct with impunity.
• Absence of Disqualification Power – The Election Commission lacks the authority to disqualify candidates engaged in electoral malpractices, limiting its ability to address violations effectively.
• Inability to Deregister Political Parties – The Election Commission cannot deregister political parties for electoral violations, raising concerns about accountability and consequences for misconduct.
• Ineffectiveness in Curbing Malpractices – The MCC has failed to prevent various electoral malpractices, including hate speech, fake news, and voter intimidation, exacerbated by challenges posed by new technologies.
• Criticism of Application Timing – The Election Commission is often criticized for applying the Model Code of Conduct either too early or too late, impacting development initiatives and public welfare programs.
• Low Awareness and Compliance – The MCC is not widely understood or adhered to by voters, candidates, political parties, and government officials highlighting the need for increased awareness and compliance efforts.

Way Forward

Measures for effective implementation of the Model Code of Conduct (MCC) are crucial for maintaining the integrity of elections. Here are some strategies:

1. Legal Enforcement: Incorporating the MCC into the Representation of the People Act of 1951 would provide it with statutory backing, enhancing its enforceability.

2. Enforcement through Other Measures: While the MCC itself may lack legal enforceability, corresponding provisions in statutes like the Indian Penal Code of 1860 and the Code of Criminal Procedure of 1973 can be invoked to take action against violations.

3. Law Commission Recommendation (2015): Implementing the Law Commission's recommendation to ban government-sponsored advertisements highlighting ruling party achievements for six months before the expiry of the House/Assembly aims to prevent unfair advantages.

4. Use of Technology: Utilizing technology, such as AI-based systems, can aid in monitoring and preventing MCC violations, especially on social media platforms where misinformation may spread. Technological solutions enhance enforcement efficiency.

5. Independence of ECI: Granting greater independence to the Election Commission, akin to the Comptroller and Auditor General (CAG), would enable it to take more stringent actions for MCC implementation. Strengthening the autonomy of the ECI enhances its capacity to ensure fair and transparent elections.

Conclusion

The Model Code of Conduct is a cornerstone of democratic elections, ensuring fairness, transparency, and integrity in the electoral process. Its success hinges not just on the regulations themselves, but on the collective commitment of political parties, candidates, electoral bodies, and the electorate to uphold the spirit of democracy. As India marches forward on its journey to strengthen democracy, MCC will continue to play a pivotal role. Necessary measures should be taken to give more teeth to this regulation.