Model Code of Conduct

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) that govern the conduct of political parties, candidates, and voters during elections. Its main aim is to ensure free and fair elections by creating a level playing field for all contestants, preventing misuse of power, and maintaining the dignity of the electoral process.

The Model Code of Conduct (MCC) in India originated during the 1960 Kerala State Legislative Assembly Elections, where state authorities introduced guidelines to regulate political conduct. Subsequently, its adoption gained national prominence during the 1962 Lok Sabha Elections. Circulated to recognized states and political parties, the Code was voluntarily embraced, aiming to foster a fair electoral environment. However, the Election Commission first effectively put it in place in 1991 guiding the behavior and practices of political entities to maintain the integrity of the democratic process.

The Model Code of Conduct (MCC) comes into effect from the moment the election schedule is announced, be it for the Parliament, state Assemblies, districts, or by-elections. For Assembly elections, the MCC is applicable to the entire poll-bound state, while in the case of Parliamentary or general elections, it extends to the entire country. Additionally, for by-elections at the district level, the MCC is valid throughout the specific district where the election is scheduled to take place. The MCC remains in force throughout the election period, ensuring that political parties and candidates adhere to ethical standards and maintain a fair and transparent electoral process.

• To prevent the misuse of power by ruling parties during elections
• Maintaining a level playing field for all political entities.
• Curb corrupt practices, such as hate speeches, religious appeals, and promises that may unduly influence voters.

The code of conduct has eight parts as follows:-

1. General Conduct:
   • No Communalism: Conduct should not instigate hatred, communal, caste, religious or linguistic tensions. No appeal to caste or communal feelings for votes. Religious places not to be used for election propaganda.
   • No Personal Attacks: Criticism of other parties restricted to policies, programs, and past records.
   • No Corruption & Abide by Elections Laws: Prohibit corrupt practices, bribing voters, voter intimidation, booth capturing, campaigning within 100m of pooling station, campaigning after 48hour stoppage has begun etc.
   • Respect private property: Political parties and candidates cannot use private land or buildings for campaigning without permission.
   • Peaceful campaigning: Supporters must not disrupt or interfere with other parties' campaigns, including meetings, processions, and posters.
   • Fair competition: Parties cannot use tactics like blocking opponents' events or removing their materials to gain an unfair advantage.
2. Meetings: To be conducted after request permissions for time, venue, use of loudspeakers etc.
3. Procession:
   • Pre-plan procession routes, times, and termination points in consultation with local police. Follow traffic laws.
   • No Violence: Control processionists to prevent misuse of articles and prohibit burning effigies of political leaders during demonstrations.
4. Polling Day:
   • Cooperate with election officials: Ensure smooth, peaceful voting for all.
   • No alcohol: Refrain from serving or distributing liquor near polling booths.
   • Manage crowds: Prevent unnecessary crowds near polling booths to prevent tension.
   • No Propaganda: No posters, flags, symbols, food, or crowds allowed.
5. Polling Booth: Political parties designated representative can bring specific complaints they might have to the Election Observers present.
6. Party in Power:
   • Ensure no misuse of official position for election campaign. Ministers should not combine official visits with electioneering. Prohibit the use of public funds for election campaigning. Do not christen new projects.
   • Allow other parties fair use of public places for election purposes.
   • Avoid monopolizing government accommodations and media.
   • No announcements or promises that may influence voters during elections.
7. Guidelines on Election Manifestos: Added after a 2013 Supreme Court direction to regulate 'freebies' and subsidies promised in election manifestos:-
   • Election manifestos should align with constitutional principles.
   • Responsible Promises: Focus on welfare measures as is required under the Directive Principles of State Policy, however do not unduly seek to influence voters.
   • Transparency: Explain the rationale and feasibility of promises.
   • Release Timing: Not allowed during the "prohibitory period" before elections as defined in the Reprensetative of People Act, 1951.

• ECI is empowered under Article 324 of the Constitution of India to oversee free, fair, and peaceful elections to the Parliament and State Legislatures, preventing electoral offenses and malpractices, and safeguarding against the misuse of official machinery for electoral purposes.
• It acts as a regulatory body, upholding ethical standards and transparency in the electoral process, and it ensures that restrictions outlined in the MCC are followed diligently by all stakeholders.
• It lays down guidelines for MCC, does awareness campaigns, monitors compliance, takes action against violators. This included issuing warnings, imposing fines, and even temporarily barring candidates who violate the MCC .
• Evolving Implementation: In the 2019 Lok Sabha elections, the ECI issued detailed guidelines on the use of social media during campaigning. These guidelines prohibited the use of fake news, hate speech, and appeals to caste or religion. The ECI also set up a social media monitoring cell to track violations.

The MCC is just a notification by the ECI and not given under a law of the Parliament. However, in 2013 there was a recommendation to incorporate the MCC in Representation of People Act, 1951 by the Standing Committee on Personnel, Public Grievances, Law and Justice. This was refuted by ECI on following grounds:-

• As a non-statutory instrument, the MCC can be revised and updated more easily to address emerging challenges and issues in electoral conduct.
• allowing the Election Commission to take swift action against violations.
• The MCC serves as a supplementary tool alongside existing laws (Representation of People's Act, 1951 & Bharatiya Nyan Sanhita, 2023) allowing the Election Commission to address specific violations without solely relying on legal procedures.

• Not backed by law
• Ineffective as communally charged speeches and violence persist. Too many violations happen during a mere 40-50 days election period making it difficult for ECI to curb all.
• Allegations of bias in implementation saying that ECI enforces it by suspending some candidates while others go scott free.

• Independence of ECI: Article 324 ensures independence of ECI through a fixed term, charging the salary of Election Commissioners on Consolidated Fund of India and difficult impeachment process.
• EVMs & VVPATs: Electronic Voting Machines (EVMs) replaced ballot boxes for efficient and rigging-proof counting of votes. Later, the Voter verifiable paper audit trail (VVPAT) was included so that the voter can verify the EVM counted their vote towards the right candidate.
• Representation of People's Act, 1951: Governs the conduct of elections.
  • Places limit on candidate expenditure during election.
  • Conduct of Election Rules, 1961 promulgated under it.
• National Voters Day: on 25th January every year to spread awareness
• Right to Information of Voters: Supreme Court has ordered that criminal cases against members should be displayed on Party website and also submitted by candidates in the form of an affidavit.
• NOTA: Election Commission was asked by the Supreme Court to mandatorily include option for voters to choose 'None of the Above' to express dissatisfaction.

The MCC serves as a comprehensive set of guidelines to ensure fair election campaigning, ethical conduct, and transparency, fostering an environment conducive to free and open discussions about candidates, parties, and policies. Its extensive evolving guidelines are important in facilitating free and fair elections in India. Its implementation however is tricky and there needs to be enhanced infrastructure and manpower for ECI to ensure comprehensive coverage and quick action to curb unethical practices. This will also ensure that allegations of discrimination in implementation of MCC itself can be thwarted.