The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) to regulate political parties and candidates prior to elections. Its purpose is to ensure fair and free elections, in alignment with the mandate given to the ECI under Article 324 of the Constitution. The MCC comes into effect from the date on which the election schedule is announced until the date the result is announced.
Origin and Evolution of the MCC
The origin of the MCC can be traced back to the Assembly elections of Kerala in 1960 when the state administration prepared a ‘Code of Conduct’ for political entities. During the Lok Sabha elections in 1962, the ECI circulated the code to all recognized political parties and State governments and it was followed extensively. However, in 1991, due to repeated violations of election norms and ongoing corruption, the ECI decided to enforce the MCC more rigorously.
MCC Guidelines for Political Parties and Candidates
Under the MCC, criticism of political parties should be confined to their policies, programmes, past record, and work. Activities such as using caste and communal feelings to secure votes, criticizing candidates based on unverified reports, bribing or intimidation of voters, etc. are prohibited. Furthermore, certain procedures have been laid down for conduct during meetings and processions, on polling day, and regarding observers. The MCC also established certain restrictions for the party in power since 1979, to prevent misuse of official resources and public funds during elections.
Election Manifestos under MCC
Political parties are directed by the ECI to adhere to certain guidelines while releasing election manifestos. These include ensuring the manifesto contents align with the ideals and principles enshrined in the Constitution, avoiding making promises that could taint the purity of the electoral process or exert undue influence on voters, and pointing out ways to meet the financial requirements for the promises made.
Recent Additions to MCC
The ECI has recently updated the MCC to regulate opinion polls and exit polls, advertisements in print media on polling day and one day prior, and government advertisements featuring political functionaries during the election period.
Legal Enforceability of MCC
Although the MCC does not have any statutory backing, it has gained strength over the past decade due to its strict enforcement by the ECI. Some provisions of the MCC can be enforced by invoking corresponding provisions in other statutes such as the IPC 1860, CrPC 1973, and RPA 1951.
Criticisms of MCC
Despite its noble intentions, the MCC is often criticized for its inability to curb electoral malpractices such as hate speech, fake news, money power, booth capturing, voter intimidation, and violence. The ECI also faces challenges from new technologies and social media platforms that facilitate faster and wider spread of misinformation and propaganda. Moreover, the lack of legal enforceability, interference with governance, and lack of widespread awareness and compliance often restrict the effectiveness of the MCC.
