Context: Model Code of Conduct (MCC) is attracting national attention because of violations by senior politicians during election campaigning, in this context, there is a debate that should the MCC be given legal backing.
About Model Code of Conduct (MCC):
It is a set of guidelines by the Election Commission of India that spells out how political parties and candidates must conduct themselves during the election campaign and polling.
- It instructs how the Ministers of the parties in power must conduct themselves when the MCC is in force. It explains how parties can lodge complaints to the Election Commission observers in case of a dispute.
- Time duration: The code comes into force immediately when the election dates are declared and remains till the results are announced. The MCC applies to all elections from the Lok Sabha and state Assemblies to local bodies.
- Features: As soon as the code kicks in, the party in power, whether at the Centre or in the states should ensure that it does not use its official position for campaigning. Hence, no policy, project or scheme can be announced that can influence the voting behaviour. The party must also avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.
Is the Model Code of Conduct legally binding?
- The MCC evolved as part of the ECI’s initiative to ensure free and fair elections and was the result of a consensus among major political parties. It has no statutory backing.
- It means anybody breaching the MCC can’t be proceeded against under any clause of the Code. Everything is voluntary. The EC uses moral sanction or censure for its enforcement.
- The ECI can issue a notice to a politician or a party for an alleged breach of the MCC either on its own or based on a complaint by another party or individual.
- Once a notice is issued, the person or party must reply in writing either accepting fault and tendering an unconditional apology or rebutting the allegation. In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI.
Key Provisions of MCC:
The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, party in power, and election manifestos. Major provisions of the MCC are outlined below.
- General Conduct: Criticism of political parties must be limited to their policies and programmes, past record, and work. Activities such as: (a) using caste and communal feelings to secure votes, (b) criticizing candidates based on unverified reports, (c) bribing or intimidation of voters, and (d) organizing demonstrations or picketing outside houses of persons to protest against their opinions, are prohibited.
- Meetings: Parties must inform the local police authorities of the venue and time of any meeting in time to enable the police to make adequate security arrangements.
- Processions: If two or more candidates plan processions along the same route, organisers must establish contact in advance to ensure that the processions do not clash. Carrying and burning effigies representing members of other political parties is not allowed.
- Polling day: All authorized party workers at polling booths should be given identity badges. These should not contain the party name, symbol, or name of the candidate.
- Party in power: The MCC incorporated certain restrictions in 1979, regulating the conduct of the party in power. Ministers must not combine official visits with election work or use official machinery for the same. The party must avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.
- Election manifestos: Added in 2013, these guidelines prohibit parties from making promises that exert an undue influence on voters and suggest that manifestos also indicate the means to achieve promises.
S. Subramaniam Balaji Vs Govt of Tamil Nadu: Supreme Court held that: Distribution of freebies shakes the root of free and fair elections. The court directed EC to frame guidelines for the same in consultation with Political parties. No manifestos during Prohibitory period i.e. 18 hrs. ending with the hour fixed for conclusion of Poll. manifestos should indicate ways and means to meet financial requirement for delivering the promises.
Arguments in the context of legal backing for MCC:
| Arguments for the legal backing | Arguments against the legal backing |
| Views of Goswami Committee: In May 1990, the Goswami Committee on Electoral Reforms suggested that the weakness of the MCC could be overcome by giving it statutory backing and making it enforceable through law. It suggested bringing certain areas within the ambit of electoral law and making their violation an electoral offence. | Views of Justice Krisha Iyer: In one of his judgments he observed that ECI is a reservoir of powers under Article 324. Thus, ECI has a lot of powers to act to ensure that elections are free and fair. So, it is not necessary to give legal teeth to the MCC. |
| The government went on to propose an amendment to the Representation of People’s Act, 1951, to make the violation of some of the provisions of the MCC punishable. This Bill was, however, not passed. | Once the ECI goes to the courts, it will take a lot of time to prosecute. Electoral process however, once it starts, should be completed expeditiously. So, legal teeth should not be made a part of the Representation of the People Act (RPA), 1951. |
| MCC has not clearly spelt out the consequences of defaults, thus diluting its deterrent effect. Delayed responses dilute the impact of penalties and diminish public confidence in the credibility of the EC. | Most of the serious violations are also covered under Codes like IPC and CrPC. |
| EC can bring better enforcement of MCC through the powers it has under Clause 16(A) in the Election Symbols (Reservation and Allotment) Order, It gives the EC the power to suspend or withdraw recognition of a political party “for failing to observe the Model Code of Conduct or follow the lawful directions or instructions of the Commission”. |
Way Forward
- Implementation of MCC needs to be made strict, prompt, and non-discriminatory, furthermore, more reasonable restrictions can be added in a non-discriminatory manner to restore decorum and discipline in public discourse.
- Need to specify specific punitive measures in case of serious violations of MCC like hate speech, invoking communal and caste feelings, this can be done under RPA 1951 and/or The Election Symbols (Reservation and Allotment) Order, if needed.
- ECI has launched the C-vigil app for citizens to report on matters of political misconduct pertaining to violation of the MCC. It contains evidence in the form of videos or photographs, using the technology, ECI must bring expediency in prosecution of such cases.
- The RPA 1951 should be amended to authorize the EC to revoke the ‘star campaigner’ status of a leader, in case of any serious violation of Model Code of Conduct, thereby depriving the party candidates of expenditure relief for their campaigns. This shall instill a sense of responsibility among campaigners and ensure that campaigns maintain the necessary decorum and restraint.
- Issues like social media propaganda, fake news etc. have emerged as new issues, thus a voluntary code of ethics for social media should also be used proactively.