[Answered] Analyze the role and effectiveness of the Election Commission of India in upholding the Model Code of Conduct during elections. Propose measures to enhance its enforceability.

The Model Code of Conduct (MCC) 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.

Role and Effectiveness of ECI in Upholding MCC

• Ensuring free and fair elections (Article 324): The Model Code of Conduct attempts to deal with the problems of electoral fraud and guarantee that elections are held impartially and lawfully.
• Protecting social harmony: The Model Code of Conduct forbids political parties and candidates from taking part in any activities that could exacerbate already-existing tensions, foster animosity towards one another, and lead to conflict between various castes, communities, and religious, and linguistic groups.
• Fostering Accountability and Transparency: MCC urges political parties to provide a clear explanation of their platform and a general outline of how they plan to raise the necessary funds during the election.
• Addressing electoral inequalities– The Model Code of Conduct aims to bring down the inequalities by proscribing the use of government machinery by the party in power to propagate their achievements.

Measures to enhance its enforceability

• Strict enforcement from ECI: The Election Commission of India, through the Election Symbols Order of 1968, has the authority to suspend or withdraw recognition of a party for violating the Model Code of Conduct. This action could result in the party losing its reserved symbol, impacting its election participation. ECI must be neutral in the application of MCC across all the parties and candidates.
• Statutory support for MCC: It is necessary to examine and investigate the standing committee on electoral reforms’ proposal to give MCC legal support.
• Modifications to the MCC to combat the abuse of new technologies: To address the misuse of social media platforms like Facebook and Whatsapp, which are used to sway public opinion on election day, the MCC must be modified, and the ECI’s capacity must be expanded.
• Creation of fast-track courts: To handle MCC violation cases as soon as possible, special fast-track courts must be created. Supreme Court can also give directions to ECI to initiate criminal proceedings for violation of the Representation of People Act 1951 guidelines.

Conclusion

Though 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. By implementing these measures, the Election Commission of India can further strengthen its role in upholding the Model Code of Conduct, ensuring the integrity and fairness of elections in the country.