MODEL CODE OF CONDUCT (MCC)

• The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) for political parties and candidates during elections.
• The MCC is designed to ensure free and fair elections by preventing the misuse of government machinery, maintaining a level playing field for all candidates, and avoiding any activities that could unduly influence voters.
• The Election Commission describes the Model Code of Conduct as a set of norms and rules that political parties and candidates must adhere to during the election process.
• The MCC comes into effect as soon as the election dates are announced and remains in force until the results are declared.
• It includes guidelines on various aspects of electioneering, such as campaigning, speeches, processions, polling day activities, and the content of election manifestos.
• The goal is to promote a fair and ethical electoral process, minimizing the chances of corrupt practices and ensuring that the democratic principles are upheld during elections

3.What is the Model Code of Conduct?

• The Model Code of Conduct, issued by the Election Commission, serves as a set of guidelines to oversee the conduct of political parties and candidates before elections.
• These guidelines encompass various aspects such as speeches, polling day procedures, polling booths, ministerial portfolios, election manifesto content, processions, and overall behavior. The aim is to ensure the integrity of elections.
• According to information from the Press Information Bureau, a version of the MCC was initially introduced during the 1960 state assembly elections in Kerala.
• It gained widespread adherence in the 1962 elections and has been consistently followed in subsequent general elections. In October 1979, the Election Commission expanded the MCC to include a section regulating the conduct of the 'party in power' to prevent any undue advantage during elections.
• The MCC is activated from the announcement of the election schedule until the declaration of results. Consequently, it comes into effect from the present evening and remains applicable until the conclusion of the entire election process.
• The MCC comprises eight provisions addressing general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos

4.When does the Model Code of Conduct come into effect?

• Once the code comes into effect, the governing party, whether at the national or state level, must ensure that its official position is not exploited for campaign purposes.
• Consequently, no policies, projects, or schemes should be announced that could sway voting behavior. The party is also prohibited from utilizing public funds for advertising or using official media platforms to publicize achievements with the intention of enhancing electoral prospects.
• The guidelines further dictate that ministers should refrain from combining official visits with election-related activities or utilizing official resources for such purposes.
• The ruling party is barred from employing government transportation or machinery for campaign activities. Additionally, it is mandated to provide opposition parties with equal access to public spaces like grounds for conducting election meetings, as well as amenities such as helipads, under the same terms and conditions applied to the ruling party.
• Any advertisements at the expense of the public treasury in newspapers and other media outlets are considered an offense. The ruling government is also restricted from making ad-hoc appointments in governmental bodies and public enterprises that may unduly influence voters.
• The Model Code of Conduct strictly prohibits the use of caste and communal sentiments to attract voters, allowing criticism of political parties or candidates solely based on their track record. Places of worship, including mosques, churches, and temples, are not to be employed for election propaganda.
• Practices such as bribery, intimidation, and voter impersonation are explicitly forbidden. Public meetings within the 48-hour period leading up to the poll closing time are also proscribed, known as the "election silence," aiming to provide voters with a campaign-free environment for reflection before casting their votes

5.Is the Model Code of Conduct legally binding?

• The Model Code of Conduct (MCC) is not a legally binding document in the sense that it is not enforceable by law. It is a set of guidelines and ethical standards issued by election management bodies, such as the Election Commission of India, to ensure fair play and ethical behavior during elections.
• The MCC is followed by political parties and candidates on a voluntary basis, and adherence is more a matter of political ethics and a commitment to maintaining the integrity of the electoral process.
• While the MCC itself does not have statutory backing, certain aspects of it may be supported by legal provisions. For example, if a political party or candidate violates specific principles outlined in the MCC, they may be subject to legal action under relevant electoral laws. However, the MCC, as a whole, is more of a moral and ethical code that relies on the cooperation and voluntary compliance of political participants.
• The Election Commission, as the custodian of the MCC, can take various actions against those who violate its principles.
• These actions may include issuing warnings, reprimands, and, in severe cases, canceling candidature or disqualification. The idea behind the MCC is to foster a fair and transparent electoral process and to prevent the misuse of power during election campaigns

6. Way forward

The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or on the basis of a complaint by another party or individual. Once a notice is issued, the person or party must reply in writing — either accepting fault and tendering an unconditional apology or rebutting the allegation. In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist

Source: Indianexpress