Published on: March 18, 2024
MODEL CODE OF CONDUCT (MCC)
MODEL CODE OF CONDUCT (MCC)
DEFINITION AND PURPOSE
- The MCC is a set of guidelines and principles designed to regulate the behavior of political parties and candidates during elections.
- It aims to ensure fair, transparent, and ethical conduct during electoral processes, with the consensus of political parties to adhere to its principles.
OBJECTIVES
- The MCC seeks to uphold the integrity of elections by preventing misuse of official machinery, electoral offenses, malpractices, and corrupt practices.
- It promotes a level playing field for all candidates and parties, fostering an environment conducive to free and fair elections.
ENFORCEMENT AND OVERSIGHT
- The Election Commission of India (ECI) is responsible for ensuring compliance with the MCC.
- Article 324 of the Indian Constitution empowers the ECI to enforce the MCC and oversee its observance by political parties and contesting candidates.
OPERATIONAL DURATION
- The MCC becomes operational from the date of election schedule announcement by the Election Commission.
- It remains in effect until the conclusion of the electoral process, ensuring consistent application and adherence to ethical standards throughout.
APPLICABILITY IN DIFFERENT ELECTORAL SCENARIOS
- During general elections to the Lok Sabha (national elections), the MCC is applicable nationwide, covering all constituencies.
- For general elections to State Legislative Assemblies, the code applies throughout the respective states.
- In bye-elections, the MCC is applicable only to the area of the specific constituency undergoing the electoral process, ensuring targeted oversight and enforcement.
KEY RESTRICTIONS IMPOSED BY THE MCC
- The MCC includes eight provisions addressing various aspects of election conduct, such as general behavior, meetings, polling procedures, and campaign financing.
- Notably, it prohibits the government in power from using its official position for campaigning purposes, including announcing policies or schemes that could sway voter behavior.
ETHICAL GUIDELINES FOR CAMPAIGNING
- Political parties are urged to refrain from advertising at public expense, using official resources for campaign activities, or making ad-hoc appointments that may influence voters.
- The MCC emphasizes fair criticism based on a candidate’s work record rather than resorting to caste, communal sentiments, or personal attacks.
PROHIBITIONS ON CAMPAIGNING ACTIVITIES
- Places of worship, such as mosques, churches, and temples, are off-limits for election campaigns under the MCC, highlighting the need for respectful and non-intrusive campaigning.
- Practices like bribing, intimidating voters, or holding public meetings during the crucial 48-hour “election silence” period are strictly barred to maintain a reflective voting environment.
LEGALITY AND ENFORCEMENT OF THE MCC
- Despite lacking statutory backing, the MCC is upheld through moral sanction and censure by the ECI, aiming to promote voluntary compliance among political actors.
- The ECI can issue notices for alleged MCC breaches, prompting responses from the accused, which may lead to written censures or apologies but not legal actions.
HISTORICAL INSTANCES OF MCC VIOLATIONS AND ENFORCEMENT
- Past elections have seen instances where political figures, including Priyanka Gandhi Vadra and leaders from BJP and Congress, faced scrutiny for alleged MCC violations like making unverified allegations or conducting campaign activities during the election silence period.
- The ECI’s rare punitive actions, such as banning leaders from campaigning, as seen with Amit Shah and Azam Khan during the 2014 Lok Sabha polls, demonstrate the Commission’s commitment to upholding the MCC’s integrity.
EFFECTIVENESS AND CHALLENGES
- While the MCC plays a vital role in maintaining electoral fairness, its effectiveness depends on voluntary compliance and the ECI’s ability to enforce ethical standards.
- Challenges persist, such as identifying and addressing subtle violations, ensuring uniform enforcement across regions, and adapting the MCC to evolving campaign tactics and technologies.