Model Code of Conduct- Explained Pointwise

Recently, a plea was lodged before the Delhi High Court, accusing Prime Minister Narendra Modi of violating the Model Code of Conduct (MCC) by allegedly soliciting votes on the basis of religion during his address in Pilibhit, Uttar Pradesh. The petitioner is seeking a severe penalty, urging for a six-year ban on Prime Minister Modi’s participation in elections. The plea has reignited discussions surrounding the adherence of political parties and campaigners to the Model Code of Conduct (MCC).

What is the Model Code of Conduct? What is the history of its evolution?

Model Code of Conduct- The Model Code of Conduct is a set of guidelines issued by the Election Commission of India for political parties and candidates to maintain decorum in their campaigning. It lays down a list of dos and don’ts for leaders and parties ahead of elections.

Duration of Model Code of Conduct- The MCC comes into force from the date the election schedule is announced until the date that results are out.

Legal Enforceability of MCC- MCC does not have any statutory backing. It has come to acquire strength in the past decade because of its strict enforcement by the EC.
Certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the IPC 1860, CrPC 1973, and RPA 1951.

Penalties for its violation- If the Election Commission finds a party or candidate in violation of the Model Code of Conduct, it can take measures from issuing a warning to ordering an FIR against the concerned party or candidate.

History of Evolution of Model Code of Conduct

What are the key provisions of MCC?

General Conduct

a. No party or candidate shall engage in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and religious or linguistic communities.

b. All parties and candidates shall avoid scrupulously all activities which are ‘corrupt practices‘ and ‘offences‘ under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station.

c. Parties and candidates shall refrain from criticism of all aspects of private life, which are not connected with the public activities of the leaders or workers of other parties.

Meetings

a. The party or candidate shall inform the local police authorities of the venue and time any proposed meeting well in time so as to enable the police to make necessary arrangements for controlling traffic and maintaining peace and order.

b. The party or candidate shall apply to the authority concerned well in advance to obtain permission or license for the use of loudspeakers or any other facility in connection with any proposed meeting.

Procession

a. A Party or candidate organizing a procession shall decide before hand the time and place of the starting of the procession, the route to be followed and the time and place at which the procession will terminate.

b. The organizers shall take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic.

c. The carrying of effigies purporting to represent member of other political parties or their leaders, burning such effigies in public and such other forms demonstration shall not be countenanced by any political party or candidate.

Polling Day

a. All Political parties and candidates shall co-operate with the officers on election duty to ensure peaceful and orderly polling.

b. All Political parties and candidates shall refrain from serving or distributing liquor on polling day and during the forty eight hours preceding it.

c. All authorized 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.

Polling Booth

The EC will appoint observers to whom any candidates may report problems regarding the conduct of the election.

Party in Power

a. Ministers shall not combine official visits with election work or use official machinery for the same.

b. The party in power shall avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.

c. Ministers and other authorities shall not announce any financial grants, or promise any construction of roads, provision of drinking water.

d. Public spaces and rest houses shall not be monopolized by the party in power and other parties shall also be allowed to use them.

Election Manifestos

a. The election manifesto shall not contain anything against the ideals and principles enshrined in the Constitution.

b. Political parties shall avoid making promises that are likely to vitiate the purity of the election process or exert undue influence on voters.

c. Manifestos shall reflect the rationale for promises and broadly indicate the ways and means to meet the financial requirements for it.

d. Manifestos shall not be released during the prohibitory period (before 48 hours), as prescribed under Section 126 of the Representation of the People Act 1951, for single or multi-phase elections.

What is the significance of MCC?

1. Ensuring free and fair elections (Article 324): Model Code of Conduct aims to address the issues of electoral malpractices and ensure that elections are conducted in a free and fair manner.

2. Addressing electoral inequalities- Model Code of Conduct aims to bring down the inequalities by proscribing the use of government machinery by the party in power for propagating their achievements.

3. Ensuring social harmony- Model Code of Conduct aims to preserve social harmony by  proscribing the political parties and candidates in engaging in any activity which may aggravate existing differences, create mutual hatred and cause tension between different castes and communities, religious and linguistic groups.

4. Encouraging transparency and accountability- MCC encourages transparency and accountability on part of the political parties to reflect the rationale for their electoral promises and broadly indicate the ways and means to meet the financial requirements for it.

What are the Challenges with the Model Code of Conduct?

1. Lack of legal enforceability- The MCC is election commission’s moral sanction to get political parties and candidates to fall in line. But the norms of the Model Code of Conduct are flouted due to lack of legal backing.

2. Ineffectiveness in Curbing Malpractices- The MCC has failed to prevent electoral malpractices such as hate speech, fake news, money power, booth capturing, voter intimidation and violence.

3. Challenges from evolving technologies-  MCC norms are also being increasingly challenged by new technologies like AI based deepfakes, and social media platforms that enable faster and wider dissemination of misinformation and propaganda.

4. Vague Clauses- Some MCC clauses, such as maintaining the ‘purity of the election process‘, are subjective and can be misinterpreted.

5. Reliance on Political Cooperation- The MCC’s effectiveness depends on the cooperation from political parties and governments. Parties and governments often indulge in the violation of MCC. For ex- Hate Speeches during election campaigning.

6. Lack of Enforcement capacity of Election commission- ECI suffers from the shortage of functionaries for the effective implementation of the MCC.

7. Interference with Governance- ECI is criticized for the early application of MCC as it imposes limitations on policy decisions, public spending, welfare schemes, transfers, and appointments.

8. Lack of Awareness and Compliance- The provisions of the Model code of conduct is not widely known or understood by voters, candidates, parties, and government officials.

What Should be the Way Forward?

1. Establishment of fast track courts- Special fast track courts must be established for early adjudication of MCC violation cases.

2. Explore the option of providing statutory backing to MCC- The recommendation of standing committee on electoral reforms of providing statutory backing to MCC must be considered and explored.

3. Changes in MCC to counter the misuse of new technologies-  Changes in MCC must be brought and the capacity of ECI must be increased to deal with the misuse of social media like Whats app and Facebook which are used to influence opinions on the day of election.

4. Neutrality on part of ECI- ECI must be neutral in application of MCC across all the parties and candidates.