What is the Model Code Of Conduct?

Model Code Of Conduct (MCC) has been news recently with cases of violation being reported during the Maharashtra and Jharkhand assembly elections. MCC is basically a set of guidelines developed to ensure free and fair elections in India.

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What is a Model Code Of Conduct?

• Purpose: MCC ensures that no undue advantage is taken by any stakeholder during elections.
• Time Period: The model code of conduct time period begins with the announcement of election dates by the Election Commission and ends with the declaration of results.
• Legal Standing: MCC is not legally enforceable, but its provisions are morally binding, and its violations may lead to action under existing laws such as the Representation of Peoples’s Act (RPA) 1951.

Evolution of Model Code of Conduct

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Objectives of Model Code of Conduct

• Fair Play: Ensure that all candidates and parties operate on an even playing field.
• Transparency: Promote public trust by maintaining ethical campaign practices.
• Non-partisanship: Prevent the misuse of official machinery for electoral gains.
• Peaceful Elections: Minimise conflicts, violence, and hate speech during the election period.
• Voter Protection: Safeguard the rights of voters against coercion or undue influence.

Important Provisions of the MCC

• Avoid using language or activities that may incite hatred, violence, or tension among different communities, castes, or religions.
• Do not use places of worship for election-related activities.
• No campaigning within 100 meters of polling stations or during the 48 hours before the election.
• Bribery, voter intimidation, impersonation, and other illegal practices are strictly prohibited.

• Inform local authorities in advance about meetings to ensure security and order.
• Obtain necessary permissions for the use of loudspeakers or public gatherings.
• Collaborate with police to manage disturbances; do not take action against disruptors.

• Notify police about procession details to prevent traffic disruptions and ensure safety.
• Stick to the planned route and schedule.
• Prevent processionists from carrying harmful items or engaging in violent demonstrations (e.g., effigy burning).

• Cooperate with election officials to ensure a peaceful polling environment.
• Avoid gathering crowds or conducting any campaigning near polling stations.
• Observers address complaints from candidates or agents regarding election conduct.

• Ministers should not use official machinery or resources for campaigning.
• Ministers cannot promise grants, schemes, or new appointments after elections are announced.

• Manifestos must align with the Constitution and focus on feasible, transparent promises.
• Manifestos cannot be released during the 48-hour prohibitory period before polling.

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Significance of Model Code of Conduct

• Prevents Misuse of Power : It acts as a safeguard against the misuse of power by ruling parties.
• Promotes Ethical Campaigning : By regulating how campaigns are conducted, the MCC enhances ethical practices and discourages negative tactics like vote-buying.
• Protects Voter Interests: The MCC protects voters' rights by ensuring that they can vote without undue influence and make informed decisions.
• Strengthens Democracy: The MCC upholds democratic values by ensuring that all parties and candidates compete on equal terms.
• Ensures Trust in the Electoral Process : By maintaining fairness and transparency, the MCC helps in building trust among the public in the democratic process.

Suggested Reforms in MCC

1. Strict Legal Enforcement: While the MCC is widely respected, it is not legally binding. Making certain provisions of the MCC legally enforceable could improve compliance (Dinesh Goswami Committee 1990).
2. More Transparency in Media Coverage: Set clear guidelines for social media platforms and their role in elections to reduce the spread of fake news and misinformation.
3. Power to Punish: Experts suggest that the ECI should be granted more power to impose penalties or disqualify candidates who violate the code, thus enhancing accountability and ensuring fair elections
4. Enhanced Awareness: Conduct voter awareness campaigns that should cover the MCC's provisions and the role of the Election Commission in enforcing them.

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