Challenges of enforcing the Model Code of Conduct- A better model

Source: The post on the challenges of enforcing the Model Code of Conduct has been created based on the article “A better model” published in “The Hindu” on 30th November 2023.

UPSC Syllabus Topic: GS paper 2- Polity- Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

News: The article discusses the challenges of enforcing India’s election rules, the Model Code of Conduct. It mentions recent actions by the Election Commission against various politicians for rule violations. There are concerns about the Commission’s impartiality and a proposed change affecting its independence.

What is the Model Code of Conduct?

The model code refers to a set of norms laid down by the Election Commission of India, with the consensus of political parties. It bears no statutory backing and remains unenforceable.

It spells out the dos and don’ts for elections. Political parties, candidates and polling agents are expected to observe the norms.

It is operational from the date that the election schedule is announced till the date that results are announced.

For more information read here

What are the challenges of enforcing the Model Code of Conduct?

Reliance on Political Cooperation: The MCC’s effectiveness depends on the cooperation from political parties and governments, which can be inconsistent.

Interpretation of Clauses: Some MCC clauses, such as maintaining the “purity of the election process,” are subjective and difficult to enforce uniformly.

ECI’s Vigilance and Action: The Election Commission of India’s role is crucial. They acted against leaders from different parties like BJP, Congress, and AAP, but the effectiveness and consistency of these actions are under scrutiny.

What are the concerns about the impartiality of the ECI?

Selective Action: The ECI took action against various leaders across parties like BJP, Congress, and AAP. However, complaints against Prime Minister Modi and Home Minister were reportedly ignored. This raises questions about selective enforcement.

Influence of Central Agencies: Allegations of the Enforcement Directorate being used for political purposes during elections, without ECI intervention, add to the concerns of bias.

Proposed Legislative Changes: The potential for the ruling party to control ECI appointments through new legislation (the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023) could further compromise the Commission’s impartiality and independence, impacting its ability to conduct free and fair elections.

For information on the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 read here

Question for practice:

Examine the factors that affect the effectiveness of the Model Code of Conduct in India’s elections.