THE FRAYING OF THE MODEL CODE OF CONDUCT

THE CONTEXT: The model code of conduct has again attracted national attention because of its egregious violation by senior politicians during the election campaign for the 18th Lok Sabha. Political parties are duty-bound to obey the code framed by the Election Commission of India (ECI) based on a consensus among all political parties to have a peaceful, orderly, and civilized election. However, as elections in India are a no-holds-barred war, this consensus often breaks down, with party leaders losing no opportunity to hit their opponents below the belt.

ISSUES:

• Violation of the Model Code of Conduct: Senior politicians frequently violate the Model Code of Conduct, undermining the consensus among political parties to ensure peaceful, orderly, and civilized elections. These violations include distortions, falsehoods, and communal incitement contrary to the spirit of fair competition.
• Role and Powers of the Election Commission of India (ECI): It emphasizes the ECI’s constitutional mandate to conduct free and fair elections, as the Supreme Court of India affirmed. The ECI is endowed with plenary powers to ensure the purity of the electoral process and to take necessary actions to uphold the integrity of elections.
• Key Provisions of the Model Code of Conduct: The key provisions of the Model Code of Conduct aim to prevent communal hatred, ensure criticism is policy-based rather than personal, prohibit appeals to caste or communal feelings, and prevent corrupt practices. Violations of these provisions are seen as severe infractions that threaten the fairness and purity of elections.
• Deterrent Actions by the ECI: Despite the Model Code of Conduct not being legally enforceable, the ECI has the authority to suspend or withdraw recognition of political parties for violations. This section discusses the potential consequences for parties that violate the code and the historical context of the ECI’s enforcement actions, particularly under the leadership of T.N. Seshan.
• Religion and Electoral Politics: Religion is a tool to divide society and influence electoral outcomes, contrary to the secular and democratic principles enshrined in the Constitution. It is also against constitutional morality. This calls for the ECI to seriously address communalism in politics, in line with the Representation of People Act 1951, which prohibits appeals in the name of religion.
• Violation of Oaths by Ministers: It addresses the issue of senior ministers making communally charged speeches, which violate the Model Code of Conduct and the oath ministers take to serve all citizens without bias. The Supreme Court should direct the ECI to initiate criminal proceedings against such violations to maintain the purity and integrity of elections.

THE WAY FORWARD:

• Legal Status for the Model Code of Conduct: Granting legal status to the MCC would empower the ECI to enforce its provisions more effectively. The Law Commission of India recommends this approach in its 255th Report on Electoral Reforms (2015), which suggests amending the Representation of the People Act to include key aspects of the MCC. Legal enforceability would deter violations through the possibility of legal consequences, including fines and imprisonment for serious infractions.
• Strengthening the Powers of the Election Commission: Amend the Constitution and the Representation of the People Act to explicitly grant the ECI powers to take punitive actions against individuals and parties violating the MCC. This could include the power to disqualify candidates or suspend parties from elections. Enhanced powers would enable the ECI to act decisively against violators, ensuring that elections are conducted fairly and unbiasedly. The Second Administrative Reforms Commission (2008) has also recommended strengthening the ECI’s powers to enforce the MCC.
• Establishment of Fast-Track Courts for Election Disputes: Establish dedicated fast-track courts to adjudicate election-related disputes, including violations of the MCC. This recommendation aligns with the suggestions made by the Election Commission itself in various communications to the government. Fast-track courts would ensure swift justice, reducing violators’ time to influence the electoral process. This would also alleviate the burden on regular courts, allowing them to focus on other legal matters.
• Comprehensive Voter Education Campaigns: Launch extensive voter education campaigns to raise awareness about the MCC’s importance and the ECI’s role. These campaigns could be conducted through various media, including social media, to reach a broad audience. An informed electorate is less likely to be swayed by communal or divisive tactics. Voter education can also encourage citizens to report violations of the MCC, thereby supporting the ECI’s enforcement efforts.
• Regular Review and Update of the MCC: Establish a standing committee comprising members from the ECI, political parties, civil society, and legal experts to review and update the MCC regularly. This committee could also consider recommendations from various commissions and committees on electoral reforms. A dynamic MCC that evolves with changing societal norms and technological advancements would remain relevant and effective in curbing electoral malpractices. Regular updates would also allow for incorporating best practices from other democracies.

THE CONCLUSION:

The ECI needs to address this issue comprehensively. The issue of senior members of the Council of Ministers making communally charged speeches during the election campaign has not been dealt with sternly by the ECI or the courts. The apex court can give a standing direction to the ECI to initiate criminal proceedings under Section 125 of the Representation of People Act 1951 whenever such occasion arises and take the violators off the campaign till the ongoing elections are over.

UPSC PAST YEAR QUESTIONS:

Q.1 Discuss the role of the Election Commission of India considering the evolution of the Model Code of Conduct. 2022

Q.2 Discuss the procedures for deciding disputes arising from the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What grounds on which any returned candidate’s election may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. 2022

MAINS PRACTICE QUESTION:

The Model Code of Conduct (MCC) ensures free, fair, and unbiased elections in India, a cornerstone of democratic governance. Despite its significance, the MCC is not legally enforceable, which raises questions about its effectiveness in regulating electoral practices. Analyze the role and effectiveness of the MCC in the context of Indian elections.

SOURCE:

https://www.thehindu.com/opinion/lead/the-fraying-of-the-model-code-of-conduct/article68162168.ece