Problems caused by politicians violating the Model Code of Conduct

Source: The post problems caused by politicians violating the Model Code of Conduct has been created, based on the article “The fraying of the model code of conduct” published in “The Hindu” on 11th May 2024.

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

Context: The article discusses the problem of politicians violating the model code of conduct during election campaigns in India. It mentions the Election Commission of India’s (ECI) authority to ensure fair elections and how it can act against these violations.

For detailed information on model code of conduct read this Article here

What are the problems caused by politicians violating the Model Code of Conduct?

Increased Communal Tension: Politicians have been accused of making speeches that can promote hatred and division among different religious or community groups during their election campaigns.

Degradation of Electoral Purity: Violations of the model code, such as unverified allegations and misleading information, compromise the purity and integrity of the electoral process.

Unequal Campaign Conditions: By violating the model code, some candidates and parties gain an unfair advantage, disrupting the level playing field that is crucial for free and fair elections.

Less Effective Enforcement: Since the tenure of T.N. Seshan, enforcement of the code has been perceived as less rigorous, leading to more frequent and blatant violations.

How does the Election Commission of India enforce it?

Suspension of Party Recognition: The Election Commission of India (ECI) can suspend the recognition of a political party if it violates the model code. This means the party cannot use its reserved symbol during elections, which is a significant disadvantage.

Withdrawal of Party Recognition: In extreme cases, the ECI can withdraw a party’s recognition entirely, further disrupting its ability to campaign effectively.

Banning from Campaigns: The ECI has the authority to ban politicians from campaigning temporarily. For example, it has previously taken violators off the election campaign for periods ranging from 24 to 48 hours.

What should be done?

The Election Commission of India should actively enforce the Model Code of Conduct as in the days of T.N. Seshan, who was known for his strict actions against violators.

The Supreme Court can instruct the ECI to commence criminal proceedings under Section 125 of the Representation of the People Act 1951 and suspend campaign privileges for violators until the elections conclude.

For detailed information on Model Code of Conduct (MCC) need more power read this article here

Question for practice:

Examine the measures taken by the Election Commission of India to enforce the Model Code of Conduct during election campaigns.