Model Code of Conduct (MCC): Features and Significance

Context: The Election Commission of India has announced the dates of the upcoming Lok Sabha elections.
The Model Code of Conduct, which bars the government in power from announcing any new policy decisions, comes into effect immediately after the announcement.

Analysis

What is MCC?

Article 324 of the Constitution mandates the Election Commission to hold free and fair elections to the Parliament and the State Legislatures.
The MCC is a set of guidelines issued by the Election Commission to regulate political parties and candidates prior to elections, to ensure free and fair elections. It spells out the dos and don’t s for elections.
The Election Commission emulated Kerala’s example as it was the first state to adopt a code of conduct for elections.
The Election Commission first effectively put to use the Model Code of Conduct in the year 1991 to ensure fair elections and a level playing

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What are the Main Features of MCC?

The MCC is operational from the date that the election schedule is announced till the date that results are announced.
- - However, the Commission can’t make its announcement more than three weeks ahead of issuing the formal notification of elections.
The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, party in power, and election manifestos.
The MCC is not a statutory document – not enforceable by any laws passed by the Parliament, and violation of many of its guidelines may not attract punitive action.
- - However, several actions such as – appealing to caste or communal feeling for securing votes, bribing/intimidating/impersonating voters, canvassing within 100 metres of polling booths, serving or distributing liquor on polling day, holding public meetings 48 hours prior to closing of polls etc. – are listed as ‘electoral offences’ and ‘corrupt practices’ under the Indian Penal Code (now known as Bharatiya Nyaya Sanhita) and the Representation of the People Act, 1951. These actions will attract appropriate punishment as per these laws.
The MCC (Model Code of Conduct) is not a part of the Representation of the People Act, 1951 and the Commission usually uses moral sanction to get political parties and candidates to fall in line.
The MCC also explains how parties can lodge complaints to the EC observers in case of dispute and instructs how the Ministers of the parties in power must conduct themselves when the MCC is in force.

Model Code of Conduct (MCC): Features and Significance | News Makers: UPSC 2024-25

When and Where is the MCC Applicable?

In the case of elections to the Lok Sabha, the MCC is valid throughout the countrye., both the Union and state governments are covered under the MCC.
In the case of Assembly elections, the MCC is valid throughout the poll-bound state.
In the case of by-elections, the MCC can valid throughout the district(s) covering the Constituency going for bye-election(s) in some cases and in other cases, the MCC would be enforced in the particular Constituency only.
The MCC is also applicable for State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
It is also applicable to a “caretaker” government on premature dissolution of a State Assembly.
All organisations, committees, corporations, commissions (for e.g. Transport authorities, Jal boards) funded wholly or partially by the Centre or State are bound by the MCC.
- While listed political parties and candidates are bound to follow the MCC, even non-political organisations which hold campaigns favouring a political party or candidate are bound to follow specific guidelines mentioned by the EC.

What is Permitted and What is not under the MCC?

The Union Ministries will need prior approval of the Election Commission on any policy announcements, fiscal measures, taxation issues, financial reliefs when the MCC is in force.
These ministries cannot directly refer to the EC and must do it via the Cabinet Secretariat.
In an election year, the Union government cannot present a full Budget as there may be a change in the ruling government in power, after the polls.
Under the MCC, the government is not allowed to announce any major scheme which could influence voters or present an Economic Survey in the interim budget. However, it is allowed to revise tax rates.
Consequently, the government may opt to seek a mere vote on account which includes presenting its fund requirement for salaries, ongoing projects and other expenditure for the transitional period, and is then passed via the Lok Sabha.
Ministers and authorities shall not announce financial grants, lay foundation stones of projects or schemes when MCC is in force.
- - They must also not make promises of construction of roads, provision of drinking water facilities etc. to influence voters in favour of the party in power.
  - They cannot sanction grants/payments out of discretionary funds – funds sanctioned in the budget in a generic manner prior to MCC’s enforcement.
Ex-gratia payments, release of PM/CM’s relief funds for medical treatments, emergency relief work, new works to mitigate natural disasters are allowed by the EC.
- - However, declaration of an area as drought/flood affected or any such calamity affected can be done only by the EC’s approval.
  - Fresh release of funds from Members of Parliament Local Area Development (MPLAD) schemes is prohibited.
  - No work can be started on which orders were issued prior to MCC enforcement but work did not start on-field.
Writing off loans by State governments of any individual, company, firm, etc. during the period when MCC is in force without EC’s approval is not allowed.
- - Issue of advertisements, hoardings at the cost of public exchequer in electronic or print media highlighting the achievements of the government is not allowed when MCC is in force. Such advertisements cannot be published in non-polling going states too.
Photographs of Prime Minister, Chief Ministers, Ministers and other political functionaries highlighting government work should not be displayed when MCC is in force.
The MCC forbids ministers (of state and central governments) from using official machinery for election work and from combining official visits with electioneering.
From the time elections are announced by Commission, Ministers and other authorities shall not –
- - (a) announce any financial grants in any form or promises thereof; or
  - (b) (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or
  - (c) make any promise of construction of roads, provision of drinking water facilities etc.; or
  - (d) make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favor of the party in power.
The inauguration of any completed or new project would be done by civil servants, so that the MCC did not hurt the public interest.
No fresh release of funds under MPs/MLAs/MLCs Local Area Development Fund of any scheme can be made in any area where the election is in progress, till the completion of the election.
Financial Institutions funded, partially or wholly by the Governments shall not take recourse to write off loans advanced to any individual, company, firm, etc.
- - Also, the financial limits of such institutions, while granting or extending loans, should not be enhanced by issuing of loans indiscriminately to beneficiaries.
Ministers cannot enter any polling station or counting centre except in their capacity as a voter or a candidate.
No transport including official aircraft, vehicles, etc. can be used for the furtherance of the interest of any party or a candidate.
A total ban on transfer and posting of all officers/officials directly or indirectly connected with the conduct of the election is put in effect.
- - If any transfer or posting of an officer is considered necessary, prior approval of the Commission must be obtained.
No Minister, whether of Union or State, can summon any election-related officer of the constituency or the State for any official discussions anywhere.
If a Union Minister is travelling out of Delhi on purely official business, which cannot be avoided in the public interest, then a letter certifying to this effect must be sent from the concerned Secretary of the Ministry/Department to the Chief Secretary of the concerned State, along with a copy to the Election Commission.

What are Guidelines for Poll Manifestos?

Manifestos must not contain anything repugnant to the ideals enshrined in the Constitution.
They must reflect the rationale for welfare scheme promises and indicate ways to meet the financial requirements for it.
The manifesto documents must not be released during the prohibitory period (when MCC kicks in).

Is social media covered under the MCC?

The Election Commission has taken the view that the MCC will also apply to content posted by political parties and candidates on the Internet, including on social media sites.
In 2013, the Commission laid down guidelines to regulate the use of social media by parties and candidates.
Candidates have to provide their email address and details of accounts on Twitter, Facebook, YouTube, etc., and add the expenditure on advertisements posted on social media to their overall expenditure for the election.

How is the MCC enforced?

Prior to holding polls for the General or State Assembly elections, the Election Commission issues guidelines to the government to shift out all officers including police who are posted in their home district, and who have completed/completing three out of four years in that district to ensure no interference.
The MCC is then implemented by the newly appointed officials and nodal EC officers monitor compliance.
No election campaigning is allowed within the constituency 48 hours before the close of polls.
The EC has also devised several mechanisms to take note of the electoral offences, the latest is the introduction of the cVIGIL mobile app through which audio-visual evidence of malpractices can be reported.

But how does the EC Enforce the MCC without Statutory Backing?

The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own, or on the basis of a complaint by another party or individual.
Once a notice is issued, the person or party must reply in writing — either accepting fault and tendering an unconditional apology, or rebutting the allegation.
In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist.

Section 126/126A of the Representation of the People Act, 1951

Section 126 of the Representation of the People Act, 1951 prohibits displaying any election matter by means, inter alia, of television or similar apparatus, during the period of 48 hours before the hour fixed for conclusion of poll in a constituency.
“Election matter” has been defined as any matter intended or calculated to influence or affect the result of an election.
This shall, among other things include display of any opinion poll and of standard debates, analysis, visuals and sound-bytes.
Section 126A of the R.P. Act 1951 prohibits conduct of Exit Poll and dissemination of its results during the hour fixed for commencement of poll and half an hour after the time fixed for close of poll in all the States and Union territories.

What is an exit poll? And how is it different from an opinion poll?

An opinion poll is a pre-election survey to gather voters’ views on a range of election-related issues.
An exit poll, on the other hand, is conducted immediately after people have voted, and assesses the support for political parties and their candidates.
In February 2010, restrictions were imposed only on exit polls through the introduction of Section 126(A) in the Representation of the People’s Act, 1951 but no action has been taken on opinion polls so far.
Section 126A of the Representation of the People’s Act, 1951, puts a ban on exit polls from the period between the commencements of the poll until half an hour after the closing of the final phase of the poll.

What is Silence Period?

The election silence is a ban on political campaigning prior to voting, to give voters a peaceful time to consider and make a final decision on their vote.
During this period, which usually begins 48 hours before the voting day and ends after polling ends, no active campaigning by the candidates or political parties is allowed, and television or any digital media cannot carry any election-related matter.
In India, Section 126 of the Representation of People Act, 1951 mandates a period of 48 hours until the conclusion of the poll for election silence.

References:

https://www.thehindu.com/elections/model-code-of-conduct-explained-when-in-force-guidelines-and-action-on-violations/article67957740.ece

https://www.thehindu.com/opinion/op-ed/laying-down-the-dos-and-donts-of-elections/article61575886.ece

https://csharyana.gov.in/WriteReadData/Instructions/Election-Branch/14205.pdf

https://www.tribuneindia.com/news/himachal/election-commission-of-india-bans-exit-opinion-polls-450097

https://timesofindia.indiatimes.com/india/forecast-of-poll-results-illegal-election-commission/articleshow/57927839.cms

Practice Questions:

With reference to the Representation of People Act, 1951, consider the following statements:

It puts a ban on opinion polls from the period between the announcements of the poll until half an hour after the closing of the final phase of the poll.
It puts a ban on exit polls from the period between the commencements of the poll until half an hour after the closing of the final phase of the poll.
It prohibits active campaigning by the candidates or political parties from the period of 48 hours before the voting day until the conclusion of the poll.

How many of the above statements are correct?

a) Only one
b) Only two
c) All three
d) None

Answer: b

Explanation:

What is an exit poll? And how is it different from an opinion poll?

An opinion poll is a pre-election survey to gather voters’ views on a range of election-related issues.

An exit poll, on the other hand, is conducted immediately after people have voted, and assesses the support for political parties and their candidates.

In February 2010, restrictions were imposed only on exit polls through the introduction of Section 126(A) in the Representation of the People’s Act, 1951 but no action has been taken on opinion polls so far. Hence, statement 1 is not correct.
Section 126A of the Representation of the People’s Act, 1951, puts a ban on exit polls from the period between the commencements of the poll until half an hour after the closing of the final phase of the poll. Hence, statement 2 is correct.

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What is silence period?

The election silence is a ban on political campaigning prior to voting, to give voters a peaceful time to consider and make a final decision on their vote.
During this period, which usually begins 48 hours before the voting day and ends after polling ends, no active campaigning by the candidates or political parties is allowed, and television or any digital media cannot carry any election-related matter.
In India, Section 126 of the Representation of People Act, 1951 mandates a period of 48 hours until the conclusion of the poll for election silence. Hence, statement 3 is correct.

Hence, only two of the statements given above are correct.

Therefore, option (b) is the correct answer.

Relevance: The Election Commission of India has announced the dates of the upcoming Lok Sabha elections.

Subject: Current Affairs | Indian Polity

Tags: Analytical | Medium Difficulty

Mains Answer Writing GS Paper 2:

Q1. How does the Model Code of Conduct in political settings balance the need for fair elections, ethical campaigning, and freedom of speech, while addressing concerns about its enforcement, effectiveness, and adaptability to evolving electoral landscapes? (Answer in 250 words)

Introduction:

The Model Code of Conduct (MCC) serves as a cornerstone in maintaining the integrity of electoral processes in India.
It sets guidelines for political parties and candidates to ensure fair elections, ethical campaigning, and the protection of freedom of speech.
However, its implementation, effectiveness, and adaptability pose significant challenges in the dynamic landscape of Indian politics.

Balancing Fair Elections and Ethical Campaigning:

The MCC (Model Code of Conduct) strives to create a level playing field by prohibiting activities such as bribery, intimidation, and hate speech during election campaigns.
For instance, it regulates the use of government resources for partisan purposes, ensuring fairness.
Additionally, it promotes ethical campaigning by discouraging personal attacks and promoting issue-based discussions, fostering a healthy electoral environment.

Protecting Freedom of Speech:

While regulating campaign conduct, the MCC also upholds the constitutional right to freedom of speech and expression.
It allows political parties and candidates to voice their opinions and policies freely, provided they adhere to ethical standards.
This balance ensures that political discourse remains vibrant and diverse while preventing the spread of misinformation and incitement to violence.

Addressing Concerns about Enforcement:

Enforcement of the MCC (Model Code of Conduct) faces challenges due to its voluntary nature and limited punitive measures.
Instances of violations often go unpunished or result in minor penalties, undermining its deterrent effect.
Moreover, enforcement mechanisms vary across states and may be influenced by political biases, raising questions about impartiality.

Evaluating Effectiveness:

The effectiveness of the Model Code of Conduct (MCC) in promoting fair elections and ethical campaigning is subject to scrutiny.
While it sets clear guidelines, loopholes and ambiguities allow for interpretation and exploitation.
Additionally, its impact on influencing voter behavior and curbing electoral malpractices remains debatable, necessitating periodic review and revision.

Adaptability to Evolving Electoral Landscapes:

The evolving nature of Indian politics, marked by technological advancements and changing socio-political dynamics, poses challenges to the MCC’s adaptability.
New forms of campaigning, such as social media outreach and targeted messaging, require constant updates to ensure relevance and efficacy.
Moreover, emerging issues like fake news and online manipulation demand innovative solutions within the framework of the MCC.

Conclusion:

In conclusion, the Model Code of Conduct plays a crucial role in fostering fair elections, ethical campaigning, and freedom of speech in India.
However, challenges in enforcement, effectiveness, and adaptability highlight the need for continuous refinement and reinforcement.
By addressing these concerns, the MCC can better serve its purpose of upholding the democratic principles of transparency, accountability, and inclusivity in the electoral process.