UNDERSTANDING THE MODEL CODE OF CONDUCT (MCC) AND ITS IMPLICATIONS

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TAG: GS 2: POLITY

THE CONTEXT: Chief Election Commissioner asked all political parties to strictly adhere to the Mode Code of Conduct (MCC), which lays down a list of dos and don’ts for leaders and parties ahead of elections.

EXPLANATION:

• The Model Code of Conduct (MCC) is a set of guidelines established by the Election Commission of India (ECI) to regulate the behavior of political parties and candidates during elections.
• It serves to ensure fair and ethical practices in electoral processes and prevent the misuse of government resources for partisan gains.

Activation of MCC:

• The MCC becomes operational from the moment the election schedule is announced and remains in force until the declaration of election results.
• This period marks a crucial phase in the electoral cycle, where political parties and candidates are bound by the provisions outlined in the MCC.

Provisions of the MCC:

• The MCC comprises a comprehensive set of provisions covering various aspects of electioneering:
  • General Conduct: Political parties and candidates are expected to conduct themselves in a manner that upholds the integrity of the electoral process and fosters a fair and level playing field.
  • Campaign Activities: Restrictions are imposed on activities such as rallies, processions, and public meetings to maintain order and prevent disruptions.
  • Use of Government Resources: The MCC prohibits the use of official government machinery, resources, and media for election campaigning to prevent undue advantage to the ruling party.
  • Advertisement and Publicity: Parties are barred from advertising at the expense of public funds and using government-sponsored advertisements to influence voter behavior.
  • Equitable Treatment: The MCC mandates equitable treatment of political parties in terms of access to public facilities and resources for campaign purposes.
  • Content of Campaigns: Campaigns should focus on the performance and record of political parties and candidates, without resorting to divisive tactics based on caste, religion, or other communal sentiments.
  • Election Silence: A 48-hour ‘election silence’ period is enforced before polling day to allow voters a campaign-free environment for reflection.

Legal Standing of the MCC:

• While the MCC lacks statutory backing, it holds significant moral authority and serves as a cornerstone of India’s electoral process.
• Violations of the MCC are addressed through moral sanctions and censure by the Election Commission rather than legal penalties.
• However, the EC can issue notices to individuals or parties for alleged breaches and seek explanations or apologies.

Enforcement of the MCC:

• The Election Commission monitors adherence to the MCC closely and takes action against violations.
• Notices may be issued to parties or candidates based on complaints or observations by election observers.
• Enforcement mechanisms include written censures and advisories, although punitive actions are rare.

Previous Instances of MCC Violations:

• Several instances of alleged MCC violations have occurred in past elections, leading to notices being issued by the Election Commission.
• Examples include accusations against political leaders for making inflammatory statements or using government resources for campaign purposes.

SOURCE: https://indianexpress.com/article/explained/model-code-of-conduct-meaning-9217638/