The Election Commission (EC) recently ruled that a remark made by the former Chief Minister of Madhya Pradesh about a female politician was in violation of the Model Code of Conduct (MCC). The MCC, which serves as guidelines for political parties and candidates during elections, is issued by the EC in accordance with its mandate as per Article 324 of the Constitution. This article grants the EC the authority to oversee and conduct free and fair parliamentary and state legislature elections. The MCC comes into effect from when the election schedule is announced and stays in place until the results are declared.
Origins and Evolution of the MCC
The MCC’s inception can be traced back to the Kerala Assembly elections in 1960 when the state administration created a ‘Code of Conduct’ for political stakeholders. In the 1962 Lok Sabha elections, the Election Commission of India (ECI) circulated this code to all recognized political parties and state governments. It was greatly adhered to. However, after consistent violations of election norms and ongoing corruption, the EC decided to more strictly enforce the MCC in 1991.
Main Provisions of the MCC
The MCC includes eight key regulations dealing with various aspects of election campaigning and conduct.
The first provision concerns the general conduct of political parties, specifying that criticism should be limited to parties’ policies, programmes, and past records. Activities such as using caste and communal feelings to secure votes or intimidating voters are prohibited.
The second and third provisions regulate meetings and processions. Parties must inform local police authorities about any planned meetings well in advance. If multiple candidates intend to hold processions on the same route, organisers must coordinate to prevent clashes.
The following provisions relate to polling day and polling booths, detailing rules regarding authorized party workers and voter identification, as well as who is permitted to enter polling booths.
The EC periodically appoints observers, and any candidate can report election-related issues to these observers.
Regulating the Party in Power
The MCC incorporated specific restrictions for the ruling party in 1979. These guidelines prevent ministers from combining official visits with election work or using official machinery for electioneering. The party in power must also avoid using public funds for advertising or official mass media for publicity related to their achievements. They also cannot announce financial grants or make promises that could influence the election outcome.
Election Manifestos and Legal Enforcement of the MCC
As of 2013, the MCC’s guidelines for election manifestos prohibit parties from making promises that could unduly influence voters. Although the MCC has no statutory backing, certain provisions can be enforced through other laws 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 suggested making the MCC legally binding and a part of the RPA 1951. However, the EC opposed this idea, noting that elections need to be completed within approximately 45 days and judicial proceedings can take longer – making it impractical for the MCC to be enforceable by law.