Significance of Model Code of Conduct (MCC) In Electoral System

The Model Code of Conduct (MCC) is a set of unique rules that play a significant role in the Indian electoral system. The MCC rules are issued by the Election Commission of India (ECI), especially for all candidates and political parties across the country. It is known that the MCC will come into effect as soon as the poll schedule is declared by the Election Commission.

It is known that the Model Code of Conduct (MCC) is a set of regulations that are issued by the Election Commission of India to monitor the conduct of all political parties and their candidates in the run-up to polls. In fact, these rules range from issues regarding poll speeches, polling day, polling booths, portfolios, the content of poll manifestos, poll campaigns, and the normal conduct of the political candidates.

According to the Election Commission of India (ECI), the main aim of the Model Code of Conduct (MCC) is to ensure that poll campaigns, polling procedures, and counting proceed in a structured, fair, transparent, and peaceful manner. According to Article 324 of the Constitution of India, the Model Code of Conduct (MCC) helps the Election Commission of India (ECI) fulfil its mandate of supervising and conducting free and fair polls in the respective States and Union Territories (UTs).

The origin of the Model Code of Conduct (MCC) dates back to 1960, when a small set of rules and regulations for the assembly polls in Kerala were published. After that, the Election Commission circulated this set of rules to all the recognised political parties in the 1962 Lok Sabha polls. In addition to that, the state governments were requested to secure the acceptance of the Model Code of Conduct by the political parties.

On the other side, the Model Code of Conduct (MCC) was implemented in the Lok Sabha and Assembly polls in 1967. Meanwhile, the Election Commission conducted several meetings with political parties at the state level and circulated the Model Code of Conduct to observe minimum standards of behaviour to ensure free and fair polls in 1968. However, the Election Commission circulated the Model Code of Conduct again during the General Election to the House of the People and State Legislative Assemblies in 1971–72.

In fact, the model code of conduct was consolidated, re-issued, and shaped into its present form of rules and regulations. In a piece of great news, the MCC has gotten judicial recognition in the Union of India vs. . Harbans Sigh Jalal and Others case in 2001. In this case, the Supreme Court finally declared that the Model Code of Conduct will come into force the moment the Election Commission issues the press release.

The Model Code of Conduct (MCC) has multiple provisions in India. All recognised political parties and their candidates are prohibited from engaging in various illegal activities that may stoke communal tensions or promote hatred between different religious groups. However, criticism of several rival parties should be based on their policies, schemes, and past performances, avoiding personal attacks. In addition to that, several places of worship, such as temples, mosques, and churches, should not be used for polling propaganda.

According to the Model Code of Conduct (MCC), a party or candidate must notify the local police authorities about organising multiple political meetings and poll campaigns for proper management to ensure law and order arrangements. However, a political party or candidate should collaborate with the polling authorities at the polling booths to ensure the smooth conduct of the polls. According to the MCC, the ruling party is likely to refrain from misusing its official position for electoral advantage, ensuring a level playing field for all candidates.

It is known that the Model Code of Conduct (MCC) imposes very strict and stringent rules on ministers, government officials, and all political parties to ensure a level playing field during the several types of polls in India.

Let us know the restrictions placed on ministers and other officials as per the MCC. Meanwhile, cabinet ministers and government officials are prohibited from declaring any new financial grants, projects, or schemes once the polling dates are issued by the Election Commission. Also, the laying of foundation stones for several projects or the initiation of any new schemes is banned after the MCC comes into effect. Interestingly, the objective is to prevent any strict actions that could unduly influence voter opinion.

Among the strict rules under the Model Code of Conduct (MCC), the use of government official machinery, government vehicles, and personnel for poll campaign purposes is strictly banned. However, this ensures that government resources are not used to benefit the ruling party’s poll prospects. In fact, several Cabinet ministers must ensure that their official visits and functions are not used as big opportunities for electioneering. Hence, combining all official visits with poll campaigning activities is not allowed during election time.

Under the remaining strict rules under the Model Code of Conduct (MCC), all cabinet ministers cannot sanction grants, funds, or make payments from discretionary funds once the polling dates are declared by the Election Commission. With this type of strict rule, it prevents the use of government funds or payments to influence voter behaviour, particularly during the polling period.

Among the MCC rules, the central, state, or local government accommodations and buildings should not be used as poll campaign offices or for holding polling-related public rallies and meetings. Hence, this strict rule maintains the neutrality of government spaces during the polling period. In addition to that, the MCC prohibits the misuse of official mass media channels for partisan coverage or publicity of the ruling party’s manifesto, propaganda, or achievements. For better conduct of the polls, this ensures that all types of media remain unbiased and do not influence the electoral process unduly during the polling period.

Notably, the Model Code of Conduct (MCC) plays a profound role in the electoral system. However, the MCC ensures that polls are held in a free, fair, and respectful manner. Meanwhile, the MCC acts as a key leveller, ensuring that no political party or candidate has an undue advantage over another party or candidate. In addition to that, it mainly aims to create a fair competitive environment by restricting the misuse of government power, prohibiting the use of official machinery for poll campaigning, and ensuring that public resources are not diverted for polling or electioneering.

In a piece of great news, the enforcement of the Model Code of Conduct reassures the electorate that the polls will be held impartially, without the influence of those in power, and that their vote is a significant and respected component of the democratic process. Interestingly, the MCC encourages all recognised political parties and candidates to focus their poll campaigns on important policies, programmes, and track records rather than personal attacks or unfounded allegations against the opposing political leaders. Hence, it stresses issue-based political campaigning, which enlightens voters and helps them make informed, important decisions.

The MCC prohibits the use of caste, religion, or communal sentiments to urge votes. Hence, the MCC ensures that polls do not exacerbate social divisions or lead to communal tension. Notably, it is crucial for the sustenance of secular and pluralistic democracy. In addition to that, the MCC helps reduce instances of electoral violence and ensures the safety and security of voters, political supporters, and the general public during the polling period by imposing a set of strict norms on the conduct of political rallies, processions, and large gatherings.

For the effective implementation of the Model Code of Conduct (MCC), some strict measures are needed during the polling period. Let us discuss the strict measures for the implementation of the MCC. Meanwhile, there have been clear calls to make the MCC legally binding by incorporating it into the Representation of the People Act (RPA) of 1951. In fact, this would offer statutory backing to the MCC and enhance its enforceability.

Interestingly, certain provisions can be enforced by invoking corresponding provisions in other statutes, such as the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Representation of the People Act of 1951. Hence, it enables officials to take strict action against violations of the MCC using the existing legal framework.

In addition to that, the Law Commission of India recommended imposing a ban on government-sponsored ads highlighting the success of the ruling party for up to 6 months before the expiry of the respected House or Assembly. However, this measure aims to prevent the ruling party from gaining an unfair advantage over other parties and candidates during the polling period. As a big step, strengthening the autonomy of the Election Commission can enhance its ability to ensure fair and transparent polls.

In a significant step, the Model Code of Conduct (MCC) is a cornerstone of democratic polls and ensures fairness, transparency, and integrity in the polling process. Meanwhile, the MCC’s success hinges not just on the regulations themselves but on the collective commitment of political parties, candidates, electoral bodies, and the electorate to uphold the spirit of democracy. In fact, the MCC will continue to play a significant role as India marches forward on its journey to strengthen democracy.