Q. Consider the following statements regarding Model code of conduct (MCC) in India:
1. The origins of the MCC lie in the Assembly elections of Kerala in 1960.
2. MCC is legally binding on all political parties contesting elections.
3. MCC is operational only between the date on which the voting to the election is conducted and the date on which the results are declared.
How many of the statements given above are incorrect?
Exp) Option b is the correct answer
The MCC is a set of guidelines issued by the Election Commission to regulate political parties and candidates prior to elections. It helps EC in keeping with the mandate it has been given under Article 324 of the Constitution, which gives it the power to supervise and conduct free and fair elections to the Parliament and State Legislatures.
Statement 1 is correct. The origins of the MCC lie in the Assembly elections of Kerala in 1960, when the State administration prepared a ‘Code of Conduct’ for political actors. Subsequently, in the Lok Sabha elections in 1962, the ECI circulated the code to all recognised political parties and State governments and it was wholeheartedly followed. The Election Commission first effectively put to use the Model Code of Conduct in the year 1991 to ensure fair elections and a level playing field. It was in 1991 after repeated flouting of the election norms and continued corruption, the EC decided to enforce the MCC more strictly. Although the MCC is not legally binding on political parties, the ECI has the authority to punish candidates for its violation. For example, some politicians and Ministers were barred from political rallies for a specified period during the 2019 Lok Sabha general elections.
Statement 2 is incorrect. MCC is not legally binding. It is essentially “voluntary” and is not backed by any law. This is the reason that sometimes it is called “Moral Code of Conduct” also. Though MCC does not have any statutory backing, it has come to acquire strength in the past decades because of its strict enforcement by the EC.
Statement 3 is incorrect. The MCC is operational from the date on which the election schedule is announced by Election commission and lasts until the date of result announcement