Model Code of Conduct (MCC)

Model Code of Conduct (MCC)

Subject: Polity

Section: Elections

Why in News?

Taking note of the plummeting levels of discourse in the Kamataka Assembly election campaign, the Election Commission (EC) issued an advisory to all recognized national and state parties to maintain “the expected level of dignity”, particularly with respect to their designated star campaigners.

What is MCC?

• 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.
• The EC has devised several mechanisms to take note of the violation of the code, which include joint task forces of enforcement agencies and flying squads.

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.

Some of the Provisions of MCC

Prohibitions

• Criticism of political parties must be limited to their policies and programmes, past record, and work.
• Activities such as using caste and communal feelings to secure votes, criticizing candidates on the basis of unverified reports, bribing or intimidation of voters, etc. are prohibited.

Star Campaigners

• A star campaigner is a celebrity vote seeker in an election for a party. This person can be anyone, a politician or even a film star. A ‘recognised’ National or State party declared as such by the ECI can nominate a maximum of 40 star campaigners. An unrecognised political party can nominate a maximum of 20 star campaigners.
• The ECI keeps a tab on expenditure incurred by individual candidates during campaign – Rs. 70 lakh for most states in one constituency by each candidate. Expenditure incurred on electioneering by the star campaigner is not added to a candidate’s poll expenditure giving him/her more scope for expenditure. According to the Representation of People’s Act, 1951 these expenses will be borne by the political parties.
• However, for an individual candidate to get relief from campaign expenditure, the star campaigner has to limit oneself to general campaigning for the party. EC also advised the parties and their candidates to exercise caution and restraint in their utterances.

IPC Provisions

Section 499 – Against Defamation

Section 191 – Giving False Statement or evidence

Section 300 and 352 – Provocation

Section 504 – breaking public peace