Model Code of Conduct (MCC) need more power

Source: The post MCC need more power has been created, based on the article “EC’s Model Code needs reform – and India needs model leadership” published in “Indian Express” on 30th April 2024.

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

News: The article discusses the need to strengthen the Model Code of Conduct (MCC), which guides election behavior in India. It suggests adding clearer consequences for violations to ensure fair elections and proposes holding political parties accountable for their members’ breaches of this code.

What is the Model Code of Conduct (MCC)?

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.

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How has the MCC evolved?

Origin in 1960: The MCC was first introduced during the 1960 Assembly elections in Kerala, initiated by K V K Sundaram, the then Chief Election Commissioner (CEC). It initially covered basic guidelines like the conduct of election meetings, processions, and campaign materials.

Expansion and Consultation: In 1968 under CEC S P Sen Verma, the MCC was expanded after consultation with political parties, aiming to establish minimum standards of behavior for free and fair elections.

Regular Updates: Starting in 1979 with CEC S L Shakhdar, the MCC was regularly updated before each General Election, adapting to new challenges and circumstances in electioneering.

Major Overhaul in 1991: Under the leadership of T N Seshan, the MCC underwent significant consolidation and re-issuance, strengthening its role as a critical tool for ensuring electoral integrity and fairness.

Why does the MCC need more power?

Increasing Violations: The political environment in India has intensified, leading to more frequent and severe violations of the MCC.

Technological Advancements: Innovations such as digital campaigning have created new opportunities for misconduct that the current MCC does not fully address.

Lack of Deterrent: Currently, the MCC does not clearly spell out the consequences for violations, reducing its deterrent effect.

Evolving Political Tactics: Politicians are finding new ways to exploit gaps between the letter and spirit of the MCC.

What should be done?

Graded response: Clearly specify graded punitive measures for serious repeated violations, such as bans on campaigning, debarring candidates/functionaries, and disqualifying them as star campaigners.

Hold Parties Accountable: Implement penalties for political parties if their members violate the MCC, introducing fines or restrictions under the Election Symbols (Reservation and Allotment) Order.

Quick Enforcement: Streamline procedures to take punitive action within 72 hours and maintain a public database of violations and their disposal.

Update the Code: Continually revise the MCC to cover new campaigning methods and technologies, keeping it relevant and effective against modern political strategies.

Question for practice:

Examine the evolution of the Model Code of Conduct (MCC) in India and the proposed measures to