The 17th Lok Sabha elections have been announced and with it comes the immediate implementation of the Model Code of Conduct (MCC). Issued by the Election Commission (EC), the MCC is a set of guidelines aimed at regulating the actions of political parties and candidates in the lead-up to elections. While not statutory, these norms are expected to be adhered to by political parties, candidates, and polling agents. It covers a variety of aspects including the content of election manifestos, speeches and processions, and general conduct.
The Tenets of the Model Code of Conduct
Beginning at the announcement of the polls and remaining active until the process concludes, the MCC essentially outlines acceptable behaviour during this period. The code is framed as per Article 324 of the Constitution, which necessitates that the EC conduct free and fair elections for Parliament and State Legislatures. Several mechanisms have been developed by the EC to identify breaches in the code, such as joint task forces of enforcement agencies and flying squads.
Modern Approaches & Tools
To further improve adherence to the MCC, the EC has introduced the cVIGIL mobile app that allows for reporting of any suspicious activity. The app collects time-stamped, evidence-based proof of potential violations of the MCC, with attached photos or videos backed up by auto location data. Upon lodging a complaint through the app, Flying Squads are then dispatched to investigate the matter. Following the investigation, the Returning Officer takes the decision. The complainant can then follow the status of their complaint within a specific timeframe.
Key cVIGIL App Facts
| Feature | Brief Description |
|---|---|
| Time-stamping | Every complaint lodged is time-stamped to ensure data veracity. |
| Evidence-based | Proof in the form of photos/videos, along with auto location data is required to lodge a complaint. |
| Investigation | Flying Squads are dispatched to investigate every complaint, ensuring on-ground verification. |
MCC and Legal Enforcement
Though the MCC lacks statutory authority, the EC has been able to give it some weight over the past decade through strict enforcement. Certain codes from the MCC can be triggered by corresponding provisions in other legal entities including the Indian Penal Code, 1860, Code of Criminal Procedure,1973, and Representation of the People Act, 1951.
Violations such as stirring up hatred through political speeches, appealing to caste and community sentiments of voters, intimidating or bribing voters, distributing alcohol or conducting public meetings in the 48 hours leading up to the end of polling, all carry penal consequences as per the Indian Penal Code or the Representation of the People Act 1951.
Back in 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice suggested legalizing the MCC. They noted that many provisions of the code are already enforceable through corresponding laws, and recommended integrating the MCC into the Representation of the People Act 1951. Conversely, the EC has opposed this move on the grounds that elections should be executed within a relatively short period (approximately 45 days) and lengthy judicial processes would be counterproductive. Thus, making the MCC legally binding is currently improbable.
The MCC: A Decisive Directive in Elections
Despite lacking legal clout, the MCC serves as an essential guide for maintaining decorum during the electoral process. The enforcement strategies deployed by the EC, coupled with recent technological advancements like the cVIGIL app, ensure that the MCC holds a significant place in India’s democracy, fostering free and fair elections.