Understanding the Meaning and Evolution of the Model Code of Conduct in Elections

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) and State Election Commissions, designed to regulate the behavior of political parties and candidates during electoral periods. This article explores the origins, evolution, and significance of the MCC, examining its role in ensuring a fair and democratic electoral process.

The MCC in Indian Elections

The MCC outlines norms and rules to govern the behavior of political parties and candidates during the electoral period. These guidelines cover various aspects of electioneering, such as speeches, processions, meetings, polling day activities, conduct at polling booths, and the behavior of the ruling party.

The primary objective of the MCC is to ensure a level playing field for all political entities, fostering a fair, peaceful, and democratic electoral process. Although not legally binding, the MCC serves as a self-regulatory framework, and its violation may attract penal actions, including the potential suspension or withdrawal of recognition of a political party by the ECI.

Origin and Evolution of the MCC

The concept of a model code for political parties originated during the general election to the Legislative Assembly in the State of Kerala in February 1960. The code was voluntarily approved by representatives of leading political parties in the state, covering various aspects of electioneering. Over the years, the MCC has evolved, becoming an integral part of the electoral process in India.

The Objective of the Model Code of Conduct

The MCC aims to provide a level playing field for all political parties and candidates during elections. It comes into operation from the day the ECI announces the election programs and remains in force until the completion of the election.

The content of the MCC includes guidelines for various aspects of election conduct, including speeches, processions, meetings, polling day activities, polling booths, observers, the ruling party, election manifestos, and general conduct. These guidelines ensure that all candidates and political parties adhere to a set of ethical and moral standards during the election period.

Enforceability and Legal Binding

The MCC itself is not enforceable by law. However, certain provisions can be enforced through existing statutes such as the Indian Penal Code (1860), Code of Criminal Procedure (1973), and Representation of the People Act (1951). The ECI has argued against making the MCC legally binding, citing the need for swift electoral processes and the time-consuming nature of legal proceedings.

In 2013, the Standing Committee on Personnel, Public Grievances, Law, and Justice recommended making the MCC legally binding by incorporating it into the Representation of the People Act (1951). This recommendation highlights the importance of legally enforcing the MCC to ensure stricter compliance and accountability.

The Self-Regulatory Nature of the MCC

The MCC is designed to be self-regulatory, meaning that it relies on voluntary adherence by political parties and candidates. However, its violation can attract penal actions. The ECI has the authority to suspend or withdraw the recognition of a political party in the event of MCC violations.

Statutory Backing of the Model Code of Conduct

The vast majority of provisions in the MCC are related to existing statutes, while only a few do not have statutory backing. This reliance on existing laws ensures that the MCC is enforceable to a certain extent. However, the ECI can still take legal action against violations through the aforementioned statutes.

For more information, you can refer to the Model Code of Conduct document on the official website of the ECI. Additionally, the ECI's Manual on Model Code of Conduct provides extensive guidelines and insights into the MCC.

By understanding the MCC and its importance, political parties and candidates can ensure they adhere to ethical and transparent practices during the electoral process, promoting a fair and democratic environment.