UPSC Syllabus–GS Paper-2– Salient Features of the Representation of People’s Act.
Introduction
India’s Model Code of Conduct (MCC) is meant to keep campaigns dignified and elections fair, yet it lacks statutory force. As politics, technology, and campaigning tactics evolve, loopholes, slow enforcement, and resource gaps strain its effectiveness. The code is respected publicly, yet routinely tweaked on the ground. Strengthening legal backing, sharpening enforcement, and building technical capacity are now essential to protect electoral integrity.
About Model Code of Conduct (MCC)
Model Code of Conduct- 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.
Duration of Model Code of Conduct- The MCC comes into force from the date the election schedule is announced until the date that results are out.
Legal Enforceability of MCC- MCC does not have any statutory backing. It has come to acquire strength in the past decade because of its strict enforcement by the EC.
Certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the IPC 1860, CrPC 1973, and RPA 1951.
Penalties for its violation- If the Election Commission finds a party or candidate in violation of the Model Code of Conduct, it can take measures from issuing a warning to ordering an FIR against the concerned party or candidate.
Concern Related to the Model Code of Conduct (MCC)
- Lack of legal enforceability: The MCC is election commission’s moral sanction to get political parties and candidates to fall in line. But the norms of the Model Code of Conduct are flouted due to lack of legal backing.
- Distorted level playing field: Pre-poll grants and project launches tilt voter choice toward incumbents. Presenting freshly announced benefits as extensions of “ongoing” programmes keeps them technically within the rules, yet it undermines the code’s intent and spirit. For example- Disbursements under the Mukhyamantri Mahila Rojgar Yojana (MMRY) in Bihar began on September 26, 2025, with elections scheduled for November 6
- Ineffectiveness in Curbing Malpractices: The MCC has failed to prevent electoral malpractices such as hate speech, fake news, money power, booth capturing, voter intimidation and violence.
- Challenges from evolving technologies: MCC norms are also being increasingly challenged by new technologies like AI based deepfakes, and social media platforms that enable faster and wider dissemination of misinformation and propaganda.
- Vague Clauses: Some MCC clauses, such as maintaining the ‘purity of the election process‘, are subjective and can be misinterpreted.
- Reliance on Political Cooperation: The MCC’s effectiveness depends on the cooperation from political parties and governments. Parties and governments often indulge in the violation of MCC. For ex- Hate Speeches during election campaigning.
- Slow Enforcement: Elections run on tight schedules, but legal action is slow. The EC cannot investigate and penalize every tactical breach in real time.
- Lack of Enforcement capacity of Election commission: ECI suffers from the shortage of functionaries for the effective implementation of the MCC.
- Interference with Governance: ECI is criticized for the early application of MCC as it imposes limitations on policy decisions, public spending, welfare schemes, transfers, and appointments.
- Lack of Awareness and Compliance: The provisions of the Model code of conduct is not widely known or understood by voters, candidates, parties, and government officials.
Way forward
- Legalisation proposal :Consider the 2013 Standing Committee recommendation to give the MCC a statutory basis.
- Strengthen election laws : Use the RPA 1951 more decisively for corrupt practices like bribery and fund misuse, aligning procedures with MCC norms.
- Empower the ECI: Under Article 324, prioritize firm, law-anchored enforcement over ad-hoc management of the code.
- Fast-track courts: Create special fast-track mechanisms to adjudicate MCC cases swiftly during the election window.
- Tech-ready MCC & capacity: Update clauses for social media and AI misuse; expand EC’s digital forensics, monitoring, and platform-coordination capability.
- Strict neutrality: Apply the MCC consistently and transparently across parties and candidates to sustain public trust.
Conclusion
The MCC protects electoral fairness but, without statutory backing, swift adjudication, and tech-ready safeguards, it remains pliable. Giving it legal force, time-bound enforcement through fast-track courts, stronger EC capacity, and neutral, transparent application can restore the level playing field and public trust.
For detailed information on Model Code of Conduct read the article here
Question for practice:
Examine the key concerns with the Model Code of Conduct and the way forward to make it more effective in the tech era.
Source: The Hindu
