The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India for candidates and political parties during elections. Its purpose is to ensure free and fair elections by regulating the conduct of political parties and candidates. Here are some key points about the Model Code of Conduct:
General Conduct:
No party or candidate shall engage in activities that may aggravate existing differences, create mutual hatred, or cause tension between different castes, communities, religious or linguistic groups.
Criticism of other political parties should be limited to their policies, program, past record, and work. Unverified allegations or distortion should be avoided.
Appeals to caste or communal feelings for securing votes are prohibited.
Places of worship (such as mosques, churches, temples) should not be used for election propaganda.
Corrupt practices (such as bribing voters, intimidation, impersonation, canvassing near polling stations) are strictly prohibited.
Respect for an individual’s peaceful home-life is essential, regardless of their political opinions or activities.
Meetings:
Political parties and candidates must inform local police authorities about the venue and time of proposed meetings to maintain peace and order.
Demonstrations or picketing before individuals’ houses to protest their opinions or activities are not allowed.
Election Day:
Only voters and those with valid polling place passes are allowed entry.
The ruling party is prohibited from making new “big-ticket” announcements or using public funds for political campaigns.
Significance:
The Model Code of Conduct creates a level playing field for political parties during elections.
It ensures consistent instructions for voters, polling places, and parties.
Over the years, parties have generally abided by its spirit.
Shortcomings:
The MCC is not legally enforceable.
Some argue that making it legally binding would enhance its effectiveness
The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India for candidates and political parties during elections. Its purpose is to ensure free and fair elections by regulating the conduct of political parties and candidates. Here are some key points about the Model Code of Conduct:
General Conduct:
No party or candidate shall engage in activities that may aggravate existing differences, create mutual hatred, or cause tension between different castes, communities, religious or linguistic groups.
Criticism of other political parties should be limited to their policies, programs, past records, and work. Unverified allegations or distortion should be avoided.
Appeals to caste or communal feelings for securing votes are prohibited.
Places of worship (such as mosques, churches, and temples) should not be used for election propaganda.
Corrupt practices (such as bribing voters, intimidation, impersonation, and canvassing near polling stations) are strictly prohibited.
Respect for an individual’s peaceful home life is essential, regardless of their political opinions or activities.
Meetings:
Political parties and candidates must inform local police authorities about the venue and time of proposed meetings to maintain peace and order.
Demonstrations or picketing before individuals’ houses to protest their opinions or activities are not allowed.
Election Day:
Only voters and those with valid polling place passes are allowed entry.
The ruling party is prohibited from making new “big-ticket” announcements or using public funds for political campaigns.
Significance:
The Model Code of Conduct creates a level playing field for political parties during elections.
It ensures consistent instructions for voters, polling places, and parties.
Over the years, parties have generally abided by its spirit.
Shortcomings:
The MCC is not legally enforceable.
Some argue that making it legally binding would enhance its effectiveness.
The Election Commission of India (ECI) enforces the Model Code of Conduct (MCC) through various mechanisms. Here’s how it is done:
Immediate Implementation:
The MCC comes into force immediately upon the announcement of the election schedule by the Election Commission.
It remains in force until the end of the electoral process.
Guidelines and Norms:
Analyzing the BJP’s Candidacy Choices in Madhya Pradesh Elections
The MCC provides guidelines for political parties, contesting candidates, and parties in power on their conduct during elections.
It covers aspects such as general conduct during electioneering, holding meetings, processions, poll day activities, and functioning of the party in power.
Enforcement Mechanisms:
The Election Commission has devised several mechanisms to take note of violations of the code:
Joint Task Forces: These involve enforcement agencies working together to monitor compliance with the MCC.
Flying Squads: These are mobile teams that patrol areas to check for violations.
cVIGIL Mobile App: This app allows citizens to report audio-visual evidence of malpractices during elections.
Legal Backing:
- While the MCC itself is not legally enforceable, certain provisions within it can be enforced through corresponding provisions in other statutes:
- Indian Penal Code (IPC), 1860
- Code of Criminal Procedure (CrPC), 1973
- Representation of the People Act (RPA), 1951
- Evolution and Consensus:
- The Commission first issued the MCC in 1971 (5th Election) and has revised it from time to time.
- The norms have evolved with consensus from political parties who agree to abide by its principles.
- In summary, while the MCC lacks specific statutory backing, the Election Commission effectively enforces it using its constitutional powers and existing legal provisions
- The Model Code of Conduct (MCC) is enforced by the Election Commission of India (ECI), but political parties play a crucial role in adhering to and promoting its principles. Here’s how political parties contribute to enforcing the MCC:
Adherence to Guidelines:
Political parties are expected to follow the guidelines laid out in the MCC during election campaigns.
They must ensure that their candidates and party workers adhere to the code’s provisions.
General Conduct:
Political parties should limit criticism of other parties to their policies, programs, past records, and work.
Activities such as using caste or communal feelings to secure votes, spreading unverified reports about candidates, bribing or intimidating voters, and organizing demonstrations outside individuals’ houses are strictly prohibited.
Meetings and Processions:
Parties must inform local police authorities about the venue and time of any meetings or processions.
If multiple candidates plan processions along the same route, organizers must establish contact in advance to prevent clashes.
Burning effigies representing members of other political parties is not allowed.
Polling Day:
Authorized party workers at polling booths should wear identity badges without party names or symbols.
Only voters and those with valid passes from the Election Commission are allowed inside polling booths.
Observers:
The Election Commission appoints observers who handle complaints related to election conduct.
Political parties can report problems to these observers.
Party in Power:
The MCC regulates the conduct of the ruling party during elections.
Ministers must avoid combining official visits with election work or using official machinery for campaigning.
Advertising at public expense or using official mass media for self-promotion is prohibited.
Public spaces and rest houses should not be monopolized by the ruling party.
Election Manifestos:
Added in 2013, these guidelines prohibit parties from making promises that unduly influence voters.
Manifestos should also indicate means to achieve promises.
Consensus and Legitimacy:
The MCC is framed based on consensus among political parties.
Over the years, parties from all sides have generally abided by its word and spirit, demonstrating its legitimacy.
In summary, while the Election Commission enforces the MCC, political parties’ compliance with its provisions ensures free and fair elections
FAQs
1. Is the Model Code of Conduct legally enforceable?
No, the MCC itself is not legally enforceable. However, certain provisions within it can be enforced through corresponding provisions in other statutes, such as the Indian Penal Code and the Representation of the People Act.
2. What is the role of the Election Commission in enforcing the MCC?
The Election Commission of India plays a central role in enforcing the MCC. It comes into effect upon the announcement of the election schedule, and the ECI oversees its implementation.
3. Are there any penalties for violating the MCC?
Yes, violations of the MCC can result in penalties, including reprimands, censures, and even disqualification for candidates found guilty of severe misconduct.
4. How do observers contribute to the MCC’s enforcement?
Observers appointed by the Election Commission handle complaints related to election conduct, providing an additional layer of oversight.
5. What is the primary objective of the MCC?
The primary objective of the MCC is to ensure free and fair elections by preventing the abuse of power, maintaining the dignity of the electoral process, and creating a level playing field for all political parties and candidates.