Model Code of Conduct : Safeguarding Electoral Fairness and Integrity
Context
The Model Code of Conduct (MCC) has recently resurfaced in public debate after alleged violations during the Bihar elections, where welfare cash disbursals under a new government scheme coincided with polling dates. This has raised serious concerns regarding electoral fairness, ethical governance, and the neutrality of the election process.
About the Model Code of Conduct (MCC)
- The MCC is a set of ethical guidelines issued by the Election Commission of India (ECI) to ensure free, fair, and transparent elections.
- Its main objective is to maintain a level playing field for all political parties and prevent misuse of official machinery for electoral advantage.
Evolution of MCC
- 1960 – Origin: Introduced during the Kerala Assembly elections as a voluntary code of conduct.
- 1962 – National Adoption: Circulated by the ECI during the Lok Sabha elections, with all-party consensus.
- 1979–1991 – Institutionalization: Strict enforcement began after 1991, especially to curb corruption and power misuse.
- 2013 – Legal Refinement: After the Subramaniam Balaji vs. State of Tamil Nadu case, new rules on manifestos and freebies were added.
Key Features of MCC
- General Conduct:
Political parties must avoid communal appeals, personal attacks, and religious propaganda. - Restrictions on the Party in Power:
Ministers cannot announce new projects, sanction grants, or make appointments after election notification. - Campaign Discipline:
Ban on bribery, intimidation, and liquor distribution within 48 hours of polling. - Use of Government Machinery:
Public resources, transport, and media cannot be used for partisan purposes. - Election Manifestos:
Parties must justify financial feasibility and avoid freebies that distort voter choice. - Meetings and Processions:
Police permission is mandatory to prevent public disorder.
Need for a Strong MCC
- Ensuring Electoral Integrity:
Prevents abuse of administrative power and maintains public trust in the electoral process. - Preventing Misuse of State Machinery:
Discourages ruling parties from announcing new schemes close to elections.
Example: Bihar Mukhyamantri Mahila Rojgar Yojana (2025) faced criticism for influencing voters through pre-poll disbursals. - Curbing Freebie Politics:
Discourages unsustainable welfare promises that strain public finances for electoral gain. - Promoting Ethical Competition:
Ensures equal opportunity for all candidates to contest based on policies and performance. - Preserving Voter Confidence:
Strengthens public faith in democratic institutions and the credibility of election outcomes.
Challenges in Implementation
- Non-Binding Nature:
The MCC lacks statutory backing, limiting the ECI’s power to enforce penalties. - Circumvention through Ongoing Schemes:
Governments often relabel or expedite existing schemes to bypass restrictions.
Example: Telangana’s subsidy program (2023) continued disbursals despite MCC restrictions. - Slow Judicial Redressal:
Legal cases on MCC violations are resolved slowly, reducing deterrence.
Example: Complaints from the 2019 Lok Sabha polls were pending even after two years. - Digital and AI Manipulation:
Deepfakes and online propaganda challenge traditional MCC monitoring mechanisms. - Political Resistance:
Ruling parties cite executive independence to resist stricter enforcement, weakening ECI’s authority.
Way Forward
- Grant Statutory Backing:
Introduce a Model Code of Conduct Act under the Representation of the People Act, 1951, to make violations legally punishable.
Example: The UK’s Electoral Administration Act (2006) provides such codification. - Establish Fast-Track MCC Tribunals:
Create special election benches to handle complaints within the polling period for timely justice. - Strengthen Digital Surveillance:
Use AI-driven monitoring to detect hate speech, fake news, and online violations.
Example: The ECI’s cVIGIL app and upcoming AI-Monitor platform enhance real-time detection. - Ensure Transparency:
Make MCC violation reports and EC actions public within 48 hours to promote accountability. - Institutionalize Ethical Leadership:
Introduce mandatory ethics and electoral integrity training for political leaders and party functionaries.
Conclusion
A strong and enforceable Model Code of Conduct is essential to preserve the sanctity of Indian democracy.
By providing it with legal authority, integrating technological oversight, and fostering a culture of ethical politics, India can transform the MCC from a moral guideline into a robust institutional safeguard ensuring electoral fairness, transparency, and trust.
Source : The Hindu