Model Code of Conduct is a set of guidelines established by the Election Commission before elections, to ensure free and fair elections. It prescribes guidelines for the ruling party, either at the Centre or in the State, to ensure that a level playing field is maintained and that no cause is given for any complaint that the ruling party has used its official position for the purposes of its election campaign.

This article explains the Model Code of Conduct is useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

What is the Model Code of Conduct?

• The Model Code of Conduct for Political Parties and Candidates is a set of guidelines developed with the consensus of political parties who have agreed to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.
• This is consistent with Article 324 of the Constitution, which empowers the Election Commission to oversee elections to the Parliament and state legislatures.
• The Model Code of Conduct is in effect as of the date the Election Commission announces the election schedule and will remain in effect until the election process is completed.
• The MCC is not legally enforceable.
• The Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Representation of the People Act of 1951 all have provisions that can be used to enforce various MCC clauses.
• The MCC format was first used in Kerala state assembly elections in 1960.

Model Code of Conduct - Historical Background

• The MCC arose from Kerala's Assembly elections in 1960, when the state administration developed a "Code of Conduct for Political Leaders."
• The state's leading political parties voluntarily approved the code, and the "Code of Conduct" proved useful during the elections.
• During the Lok Sabha elections in 1962, the ECI distributed the code to all recognised political parties and state governments, and all political parties followed it.
• The Model Code of Conduct was agreed to by all the political parties in 1968.
• The Election Commission added a section in 1979 to regulate the ruling party and prevent it from gaining an unfair advantage during elections.
• However, as political competition increased from 1967 to 1991, political parties engaged in corrupt electoral practices, relying on muscle power and money.
• The Election Commission first effectively put to use the Model Code of Conduct in the year 1991 to ensure fair elections and a level playing field.

Model Code of Conduct - Constitutional and Statutory Provision

• Article 324: The Election Commission ensures the observance of the Model Code of Conduct by political parties in power, 
  • including ruling parties at the Centre and in the States, as well as contesting candidates, in the discharge of its constitutional duties of conducting free, fair, and peaceful elections to the Parliament and State Legislatures.
• Lok Sabha election: the code is applicable throughout the country.
• Legislative Assembly election: the code is applicable in the entire State.
• During bye-elections, in case the constituency is composed in State Capital/Metropolitan Cities/Municipal Corporations, then the code would be applicable in the area of concerned Constituency only.
  • In all other cases the MCC would be enforced in the entire district(s) covering the Constituency going for bye-election(s).

Model Code of Conduct guidelines on General Conduct

• No party or candidate shall participate in any activity that may aggravate existing differences, incite mutual hatred, or cause tension between various castes and communities, religious or linguistic.
• Parties and candidates are not permitted to criticise any aspect of private life.
• No appeals to caste or communal feelings: There will be no appeals to caste or communal feelings in order to gain votes. 
  • Mosques, churches, temples, and other places of worship may not be used for election propaganda.
• Corrupt practices: bribing voters, intimidating voters, impersonating voters, canvassing within 100 metres of polling stations, holding public meetings during the 48-hour period ending with the hour fixed for the close of the poll, and transporting voters to and from the polling station.
• No political party or candidate shall permit its or his supporters to use any individual's land, building, compound wall, etc., without his permission, for the purpose of erecting flagstaff, suspending banners, pasting notices, writing slogans, and so on.
• Political parties and candidates must ensure that their supporters do not obstruct or disrupt other parties' meetings and processions.

Model Code of Conduct guidelines on Meetings

• Locations: The party or candidate must notify the local police authorities of the proposed meeting's location and time well in advance.
• Orders: A Party or candidate must check if there are any restrictive or prohibitory orders in effect in the location proposed for the meeting.
• If permission or a licence is required for the use of loudspeakers or any other facility in connection with a proposed meeting, the party or candidate must apply to the appropriate authority well in advance.

Model Code of Conduct guidelines on Processions

• A Party or candidate organising a procession must decide the time and location of the procession's start, the route to be taken, and the time and location at which the procession will end. 
  • The organisers must notify the local police authorities of the programme in advance.
• If two or more political parties or candidates propose to take processions on the same route at same time, 
  • The organisers must make contact well in advance and decide on the measures to be taken to ensure that the processions do not clash or cause traffic congestion.
• Political parties or candidates must exercise maximum control over processionists carrying articles that could be misused by undesirable elements, especially during times of excitement.
• Carrying effigies purporting to represent members of other political parties or their leaders, burning such effigies in public, and other forms of demonstration are prohibited.

Model Code of Conduct – Significance

• It specifies how political parties, contesting candidates, and the party(s) in power should conduct themselves during the election process.
  • including general electioneering, holding meetings and processions, poll day activities, and the functioning of the party in power, among other things.
• To level the playing field for all candidates, political parties, and other stakeholders.
• Designed to maintain a healthy and peaceful environment conducive to the smooth conduct of elections.
• MCC increases the credibility of elections and instils trust in stakeholders/voters.
• It ensures that no official machinery is used for electoral purposes.
• It ensures that all electoral offences, malpractices, and corrupt practices, such as impersonation, bribery, and inducement of voters, and threat and intimidation of voters, are avoided.

Criticism

• The date of the MCC's implementation has been a source of contention between the EC and the government.
• Not legally binding: The MCC is not a legally binding document, and the Commission usually relies on moral pressure to persuade political parties and candidates to comply.
• In its report on Electoral Reforms in 2015, the Law Commission of India recommended that the ECI impose restrictions on government-sponsored advertisements for up to six months prior to the expiry date of the House/Assembly.
  • In the run-up to the 2019 Lok Sabha Elections, which have already seen government-sponsored advertisements not only in newspapers and on television, but also on social media, the EC has certainly not incorporated this specific recommendation in the MCC.

• Certain provisions of the MCC, may be enforced by invoking corresponding provisions in other statutes, such as the Indian Penal Code (IPC), 1860, and the Representation of the People (RP) Act, 1951.
• Governments have attempted in the past to amend the RP Act of 1951 to make certain violations of the MCC illegal and punishable.
  • However, the EC has argued that making the Code legally enforceable would be counterproductive because any violation must be addressed quickly, which would be impossible if the matter went to court.

Way Forward

• In the event of a violation of the Code, the ECI can take a variety of actions, including imposing a fine, filing an FIR that leads to imprisonment, or even cancelling the polls in that constituency.
• cVIGIL is an online app that allows citizens to quickly report any violations of the MCC to election authorities.
  • Citizens can report any illegal campaign activities within minutes of witnessing them and without having to rush to the Returning Officer's office.
  • The application links the vigilant citizen to the District Control Room, Returning Officer, Flying Squads, and Static Surveillance Teams, resulting in a rapid and accurate reporting, action, and monitoring system.

Related SC Judgements

K.G. Uthayakumar v. The State

• The court held that the accused had violated the Model Code of Conduct of Elections by staying at the Public Works Department's building.
• He had committed an election offense under Section-171 of the Indian Penal Code and a criminal code of procedure violation under Section-154 of the Criminal Code of Procedure.
• Anyone can file a complaint with the Police Station, District Collector, and Revenue Division Officer in this matter.

M.V Nikesh Kumar v K.M Shaji

• The petitioner claimed that the respondent, a Muslim candidate, and party member, approached Muslim voters based on religion.
• They had distributed Muslim promotion brochures in order to increase the number of votes cast in their campaign. As a result of this, the respondent was elected.
• As a result, the respondent is liable to be declared void under Sections 100(1)(b) and 100(1)d(ii) of the Representation of Peoples Act, 1951, whereas the petitioner is duly elected.

K.K Ramesh vs National Human Rights Commission

• The candidate established temporary flex boards and temporary Dias for public meetings which caused traffic congestion.
• The court ruled that he is liable for violating the Model Code of Conduct guidelines.

Conclusion

The EC issued the MCC as a series of rules to control political parties and candidates before elections. It aids the EC in upholding the duties imposed on it by Article 324 of the Constitution, which grants it the authority to oversee and hold free and fair elections to the Parliament and State Legislatures. Despite not having the legal power to punish those who violate the Model Code of Conduct, the ECI often sends show-cause warnings and, in certain circumstances, forbids individuals from taking part in election campaigns.

FAQs

MCQs

1. Who enforces the Model Code of Conduct during elections in India?

A) The President of India
B) The Prime Minister
C) The Election Commission of India
D) The Supreme Court of India

2. Which of the following is prohibited under the Model Code of Conduct?

A) Use of government vehicles for election campaigns
B) Personal attacks on political opponents
C) Distribution of free gifts to voters
D) All of the above

3. During which period does the Model Code of Conduct apply?

A) Only during the pre-election period
B) Only on election day
C) From the announcement of elections to the completion of the election process
D) From the completion of voting to the announcement of results

4. Which of the following actions is allowed under the Model Code of Conduct?

A) Using government resources for political campaigning
B) Offering money or gifts to voters
C) Holding public meetings with electoral officers
D) Using religion for electoral gains

5. What is the role of the Election Commission of India in the enforcement of the Model Code of Conduct?

A) Only advising political parties
B) Monitoring the election process and taking action against violations
C) Certifying election results
D) Conducting public opinion polls

GS Mains Questions and Model Answers

Q1: Explain the importance of the Model Code of Conduct in ensuring fair elections in India.

Answer: The Model Code of Conduct is essential for ensuring that elections in India are fair, free, and transparent. It lays down clear guidelines for political parties, candidates, and government officials to follow during the election period. By prohibiting the misuse of government resources, the promotion of religious or communal biases, and the distribution of bribes, the MCC creates a level playing field. The Election Commission of India enforces the code and ensures that the elections are conducted without undue influence, preserving the integrity of the democratic process.

Q2: Discuss the role of the Election Commission of India in enforcing the Model Code of Conduct.

Answer: The Election Commission of India (ECI) plays a crucial role in enforcing the Model Code of Conduct (MCC). The ECI monitors the election process from the announcement of elections until the declaration of results. It ensures that political parties and candidates adhere to the MCC by investigating complaints, issuing warnings, and imposing penalties for violations. The ECI's role is vital in ensuring that the electoral process remains free from corruption and manipulation, helping to maintain the credibility of Indian democracy.

Q3: Evaluate the effectiveness of the Model Code of Conduct in promoting transparency and accountability during elections in India.

Answer: The Model Code of Conduct has been effective in promoting transparency and accountability during elections by setting guidelines that prevent the abuse of power by political parties and candidates. The MCC ensures that elections are conducted without the use of government resources, bribery, or communal propaganda. Although there are challenges in enforcement, especially in rural or less regulated areas, the ECI's proactive stance and media attention have helped in reducing violations. The MCC remains an essential tool in safeguarding the integrity of elections in India.

Previous Year Questions on Model Code of Conduct

1. UPSC CSE Prelims 2020:

Question: What is the purpose of the Model Code of Conduct in Indian elections?

A) To regulate political parties
B) To ensure free and fair elections
C) To set election dates
D) To monitor electoral fraud

Answer: (B)

Explanation: The Model Code of Conduct ensures free and fair elections by setting guidelines for political parties, candidates, and government officials to follow, preventing undue influence during the election period.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: How does the Election Commission of India enforce the Model Code of Conduct?

Answer: The Election Commission of India enforces the Model Code of Conduct by monitoring the electoral process, issuing warnings, imposing fines, and disqualifying candidates in cases of serious violations. The ECI ensures that political parties and candidates adhere to the guidelines, promoting fairness and transparency in elections.