[Answered] Critically analyze the proposition that the spirit of the Model Code of Conduct (MCC) is undermined by successive governments. Examine the necessary electoral reforms for effective enforcement.

Introduction

Despite India ranking among the world’s largest electoral democracies (over 96 crore voters in 2024), frequent violations of the Model Code of Conduct reveal declining political commitment to ethical electoral practices.

Why the Spirit of MCC Is Being Undermined

1. The Model Code of Conduct (MCC) is a voluntary ethical framework evolved through consensus among political parties to ensure level playing field, prohibit misuse of state machinery, and uphold free and fair elections, a constitutional mandate (Article 324).
2. However, successive governments — at the Centre and in States — regularly dilute the code in spirit, if not always in letter.

Political Executive Misusing State Power

1. MCC bars announcement of new schemes, grants, or foundation stones once election dates are announced.
2. Yet, ruling parties strategically announce welfare schemes just before elections, making them technically “ongoing” schemes once MCC kicks in. Example, Mukhyamantri Mahila Rojgar Yojana (Bihar, 2025) — cash transfers to 75 lakh women weeks before elections, then continued in instalments during MCC period.

3. This exploits a loophole: ongoing schemes are exempt from prohibition.
   Result: state resources become political capital. Other recent examples: Delhi (2020) and Punjab (2022); distribution of financial benefits before polls. Centre, 2019 Lok Sabha; announcement of PM-KISAN rollout before MCC invoked.
4. Politicians treat MCC as an obstacle to bypass, not a principle to uphold.

MCC Is Not Legally Binding

1. MCC is not statutory; violations invite moral censure, not punishment.
2. Some violations can only be addressed through IPC, CrPC, or Representation of the People Act (RPA), 1951, which are slow and reactive.

3. Standing Committee (2013) recommended: Making MCC legally enforceable,
   but Election Commission (ECI) opposed citing delayed judicial timelines during 45-day poll period.
4. Result: MCC becomes “toothless ethics,” not enforceable law.

Administrative Weakness & Politicisation

1. Transfers of officials during MCC often become political tools.
2. ECI’s institutional autonomy is questioned, weakening public trust.
3. ADR (Association for Democratic Reforms) report: Over 40% MPs elected in 2024 have pending criminal cases, increasing incentives to exploit electoral loopholes.

Needed Electoral Reforms

Conclusion

As Dr B.R Ambedkar stressed, “constitutional morality must grow.” Without statutory backing and ethical politics, MCC remains symbolic. Electoral integrity demands reforms ensuring MCC becomes enforceable, not merely aspirational.