In the run up to the Indian General Election for the 17th Lok Sabha, various instances of violations of the Model Code of Conduct were witnessed.

About Model Code of Conduct (MCC) :

• It is a set of guidelines laid down by the Election Commission to govern the conduct of political parties and candidates in the run-up to an election. This is in line with Article 324 of the Constitution, which gives the Election Commission the power to supervise elections to the Parliament and state legislatures.
• It comes into force the moment an election is announced and remains in force till the results are declared. This was laid down by the Supreme Court in the Union of India vs. Harbans Sigh Jalal and Others Case.
• It is intended to provide a level playing field for all political parties, to keep the campaign fair and healthy, avoid clashes and conflicts between parties, and ensure peace and order. So, there are guidelines on general conduct, meetings, processions, polling booths, observers, election manifesto of political parties.
• Its main aim is to ensure that the ruling party, either at the Centre or in the states, does not misuse its official position to gain an unfair advantage in an election. There are guidelines on conduct of ministers and other authorities in announcing new schemes, using public exchequer for advertisements etc.

Evolution of Model Code of Conduct :

• The origins of the MCC lie in the Assembly elections of Kerala in 1960, when the State administration prepared a ‘Code of Conduct’ for political actors.
• Subsequently, in the Lok Sabha elections in 1962, the ECI circulated the code to all recognised political parties and State governments.
• Implementation of MCC up to 1991 was not up to the mark as it was largely ignored by the political parties who often resorted to corrupt electoral practices such as populist announcements and fielding pliant officials, in lieu of fierce political competition.
• Implementation of MCC after 1991 :The ECI (spearheaded by then CEC T.N. Sheshan) used new means to enforce the MCC. The ECI rebuked prominent political actors publicly and even postponed elections, thereby re-interpreting the ECI’s power to fix election dates.
• The burgeoning electronic media of the time reported these initiatives with enthusiasm, while candidates were happy to capitalise on the mistakes made by their rivals. Consequently, political actors began to take the MCC seriously.

Legal Status of Model Code :

• The MCC is not enforceable by law. However, certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Representation of the People Act, 1951.
• The Election Commission has argued against making the MCC legally binding; stating that elections must be completed within a relatively short time (close to 45 days), and judicial proceedings typically take longer.
• On the other hand, in 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the MCC legally binding and the MCC be made a part of the Representation of the People Act, 1951.

Impact of MCC on Development and Governance :

• As there are restrictions on the working of the ruling governments when the MCC is in place, there is a debate whether it impedes the governance of state as-The government cannot announce any new project, scheme or policy. Politicians who hold portfolios cannot combine official visits with campaigns. Any campaign by the government cannot be done at the cost of the public exchequer. The ruling government cannot make any ad-hoc appointments in Government, Public Undertakings etc.
• Recently, the Law Commission raised such observations, but the ECI has brushed aside arguments that the model code of conduct brings  governance to a halt during polls.
• Further, the ECI also highlighted that as and when government departments approach it with 'references' to clear proposals and schemes during poll time, it takes a fast decision understanding the urgency involved.

Contemporary Challenges in implementing Model Code of Conduct :

• Emergence of new forms of electoral malpractices- Manipulation through the media- The misuse of the media is difficult to trace to specific political parties and candidates.
• Weakened capacity of the ECI to respond to violations of MCC- Weak or Delayed Response- to inappropriate statements by powerful political actors. Consequently, political actors are regaining the confidence to flout the MCC without facing the consequences.
• Digital Content- Most of the [election-related] information flow does not happen via the IT cells of political parties, but through third-party contracts. Even though, the ECI has evolved a self-regulatory social media code for major players, still many platforms such as Telegram and WeChat are becoming increasingly relevant for political mobilization.
• Debate over some issues- such as national security, disaster management. Some political parties alleged that the ruling party has misused such issues. But, the Election Commission has said that these issues do not fall under the ambit of MCC.

Implications of Poll Code Violations :

• Weakens the position of Election Commission- whereby the credibility and authority of the commission is undermined.
• Erodes the principle of free and fair elections- whereby incidents such as use of money power or muscle power, does not allow equal competition between all participants.
• Shifts the narrative from performance to identity- whereby political parties ignore the MCC guidelines against using caste and communal feelings to secure votes.
• Erosion of public trust in Indian democracy- as the promise of free and fair elections is seemingly defeated.

Way Forward :

• Need to include people in the MCC- through mobile apps such as ‘cVIGIL’ to enable citizens to report on violation of election code of conduct. If people reject candidates and parties that violate MCC, it will create an inherent pressure on contestants to abide by MCC.
• Fast Track Court for Election Dispute- so that whenever, the ECI takes a punitive action, its final order is obtained as soon as possible.
• Strengthening Election Commission of India- by greater transparency in appointments and removal of the election commissioners, reducing dependency on Central Government for paramilitary forces among others.