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The Election Commission of India (ECI) has issued notifications regarding complaints of violations of the Model Code of Conduct (MCC) against prominent leaders in India.

Model Code of Conduct (MCC)

• Set of guidelines : The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (EC) for political parties and candidates.
• Aim: It aims to establish standards of conduct during election campaigns and polling.The MCC includes provisions for lodging complaints with EC observers and dictates the conduct of ministers from ruling parties during the MCC period.
• In 2019, an addition was made concerning election manifestos, prohibiting promises contrary to constitutional ideals.
• The MCC is not legally binding as it is not a statutory document enacted by Parliament.
• While violating many MCC guidelines may not result in punitive action, certain actions are categorized as electoral offenses and corrupt practices under the Indian Penal Code and the Representation of the People Act, 1951.
• Violators of these laws will face appropriate punishment.

Evolution of MCC:

• Origin: The Model Code of Conduct (MCC) originated as a small set of guidelines for the Assembly election in Kerala in 1960.
• Initially, it covered various aspects such as the conduct of election meetings, processions, speeches, slogans, posters, and placards.
• Expansion of MCC: Under Chief Election Commissioner (CEC) K V K Sundaram in 1968, the EC consulted with political parties and expanded the MCC to ensure minimum standards of behavior for free and fair elections.
• Standard practice: By 1979, it became a standard practice for the EC to circulate the MCC before every General Election.
• Consolidation of MCC: Over time, the MCC evolved further with consultations between the EC and political parties. In 1991, it was consolidated and re-issued with additional sections, including restrictions on the “party in power” to prevent the misuse of authority for unfair advantages.

Features of MCC: 

• Activation of MCC: The Model Code of Conduct (MCC) is activated immediately upon the announcement of the election schedule by the Election Commission and remains in effect until the completion of the election process, including the announcement of results.
• Applicable on all election: It applies to all elections to the Lok Sabha, State Assemblies, State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
• Across all India: During General elections, the MCC is enforced across India, while during Legislative Assembly elections, it is enforced in the specific state going to polls.
• Funded to adhere with MCC: All organizations, committees, corporations, and commissions funded wholly or partially by the Central or State governments are obligated to adhere to the MCC.
• List of Political parties: In addition to listed political parties and candidates, non-political organizations conducting campaigns in support of a political party or candidate are also required to follow specific guidelines outlined by the Election Commission.

Issues related to MCC: 

• The political environment in the country has become more intense, leading to a decrease in the effectiveness of the Model Code of Conduct (MCC).
• Instances of violations of the MCC are increasing rapidly and are becoming widespread and aggressive.
• Political leaders are using their influence, resources, and persuasive tactics more aggressively than ever, often exploiting loopholes between the literal and intended meanings of the MCC.
• Money power has become more prominent than physical strength, and advancements in technology have provided new ways to circumvent regulations.
• The MCC lacks clarity on the consequences of violations, which weakens its ability to deter misconduct.
• Delayed responses to violations reduce the impact of penalties and erode public trust in the Election Commission’s credibility.

Way Forward

• Strengthen Enforcement: Enhance the enforcement mechanisms to ensure strict adherence to the MCC guidelines. 
• Technological Solutions: Leverage technology to improve monitoring and enforcement of MCC compliance. Implement tools such as social media monitoring, data analytics, and surveillance technology to detect and deter violations effectively.
• Swift and Transparent Action: Ensure timely and transparent action against MCC violations. Establish clear protocols for investigating complaints and imposing penalties on violators. Swift action will enhance the deterrent effect of the MCC.

Mains PYQ:

Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. [2017]

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