Criticism of Model Code of Conduct (MCC)

Source: The post Criticism of Model Code of Conduct (MCC) has been created, based on the article “Yogendra Yadav writes: It’s time to junk the Model Code of Conduct” published in “Indian Express” on 29th October 2024

UPSC Syllabus Topic: GS Paper 2-Salient features of the Representation of People’s Act.

Context: The article criticizes the Model Code of Conduct (MCC) for elections in India. It argues that the MCC is ineffective and often ignored. The Election Commission (EC) fails to enforce it, leading to electoral misconduct. The author suggests scrapping the MCC and strengthening existing election laws instead.

For detailed information on Model Code of Conduct read this article here

Why is the MCC Criticized?

1. Ineffective Enforcement: The MCC’s rules are often violated with impunity. For example, Himanta Biswa Sarma’s speech in Jamshedpur was openly communal, violating the MCC’s guidelines against inciting communal tensions, yet no action was taken.
2. Selective Action: The Election Commission of India (ECI) has been inconsistent in enforcing the MCC. Despite clear violations, such as slanderous remarks by politicians in Maharashtra and Jharkhand, the ECI has not promptly or effectively responded.
3. Failure in Preventing Voter Bribery: The Maharashtra government’s announcement of schemes worth Rs 1 lakh crore just before elections is a classic example of voter bribery, which the MCC is supposed to prevent but fails to.
4. MCC as a Distraction: The MCC is used to delay governance activities during elections, serving as an excuse for officials to pause regular duties, thus disrupting normal governance.

What Was the MCC Originally Meant to Do?

1. Purpose of the MCC: The Model Code of Conduct (MCC) was designed to ensure that elections are conducted in a fair and impartial manner. It aimed to foster a healthy democratic spirit and ensure a level playing field among competing political parties.
2. Promoting Decency: The MCC emphasized the need for decency in campaign practices. It sought to prevent practices that could lead to unfair advantages, particularly for the ruling parties during the run-up to elections.
3. Quick Redressal Mechanism: It provided a framework for quick identification and redressal of electoral violations, which was simpler compared to the lengthy legal processes involved in adjudicating election law violations.
4. Independent Enforcement: The MCC positioned the Election Commission as an independent body capable of resolving disputes during elections, complementing the existing laws governing electoral practices.

What should be done?

1. Scrap the MCC: The MCC is ignored and ineffective. Leaders like Himanta Biswa Sarma make divisive remarks, violating MCC rules without consequences.
2. Strengthen Election Laws: Use the Representation of the People Act, 1951, which already covers corrupt practices, like voter bribery and misuse of funds, for enforcement.
3. Empower the ECI: With powers under Article 324, the ECI should focus on enforcing laws, not managing the MCC.
4. Avoid Governance Disruption: MCC often delays governance activities, as seen in Maharashtra’s Rs 1 lakh crore schemes announcement before elections, which risk being seen as bribery.

Question for practice:

Discuss the effectiveness of the Model Code of Conduct (MCC) in ensuring fair and impartial elections in India and whether it should be replaced by strengthened election laws.