Model Code of Conduct

Model Code of Conduct

Subject: Polity

Context: The Election Commission of India on Friday announced the schedule for Assembly elections in four poll-bound states and one Union Territory (Puducherry) starting from March 27. And due to covid-19 situation voting hour is increased by 1 hour.

Concept:

• The Model Code of Conduct is enforced from the date of announcement of election schedule by the Election Commission and is operational till the process of elections are completed.
• The MCC is a set of guidelines issued by the Election Commission (EC) to regulate political parties and candidates prior to elections. Basically, the code spells out the do’s and don’ts for elections.
• This is in keeping with Article 324 of the Constitution, which mandates EC to conduct free and fair elections to the Parliament and State Legislatures.
• It is not statutory but Political Parties, Candidates and Polling Agents are expected to observe the norms, on matters ranging from the content of election manifestos, speeches and processions, to general conduct etc.
• The code comes into force on the announcement of the poll schedule and remains operational till the process is concluded.

Legal Enforcement

• Though MCC does not have any statutory backing, but the Code has come to acquire teeth in the past decade because of its strict enforcement by the EC.
• Certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Representation of the People Act, 1951.
• In 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the model code of conduct legally binding. It recommended that the MCC be made a part of the Representation of the People Act, 1951.
• The EC argues against making it legally binding. According to it, elections must be completed within a relatively short time or close to 45 days, and judicial proceedings typically take longer, therefore it is not feasible to make it enforceable by law.