Model Code of Conduct:  An Obligation of Election Commission of India to ensure Free and Fair Elections

Introduction

Importance of Democratic Elections in India

India, the world’s largest democracy, prides itself on the periodic conduct of free and fair elections. Democratic elections are the cornerstone of India’s governance system, providing citizens with the fundamental right to choose their representatives and shape the course of their nation’s future. With a rich tapestry of cultures, languages, and ideologies, Indian elections serve as a platform for diverse voices to be heard and for the democratic ideals enshrined in the Constitution to be upheld.

Introduction to the Concept of the Model Code of Conduct

The Model Code of Conduct (MCC) is a set of guidelines and principles established by the Election Commission of India (ECI) to ensure a level playing field for political parties and candidates during the electoral process. It serves as a moral compass, outlining the dos and don’ts for candidates, parties, and other stakeholders involved in elections. The MCC is not a legal document but holds immense significance in maintaining the integrity and fairness of the electoral process.

Understanding the Model Code of Conduct

Definition and Purpose of MCC in the Context of Indian Elections

The Model Code of Conduct (MCC) is a comprehensive set of guidelines and ethical standards that govern the behavior of political parties, candidates, and other stakeholders during the electoral process in India. It serves as a foundational document aimed at ensuring fairness, transparency, and integrity in elections. The primary purpose of the MCC is to create a level playing field for all political contestants, prevent the misuse of governmental resources for electoral gain, and maintain the dignity of the electoral process.

Under the MCC, political parties and candidates are expected to adhere to certain norms of conduct, such as refraining from making inflammatory speeches, indulging in personal attacks, and distributing cash or gifts to voters. Moreover, the MCC regulates the use of government machinery, including the deployment of law enforcement agencies, to prevent undue advantage to any particular party or candidate. By establishing clear guidelines for electoral conduct, the MCC seeks to uphold the democratic principles of free and fair elections and foster public confidence in the electoral process.

Historical Background and Evolution of MCC in India

The MCC traces its roots back to the Kerala Assembly elections of 1960, where the state authorities crafted a set of guidelines, termed the ‘Code of Conduct’, for political participants. Following its success, during the Lok Sabha elections of 1962, the Election Commission of India (ECI) disseminated this code to all officially recognized political entities and state administrations, which they embraced enthusiastically. However, it wasn’t until 1991, amidst persistent breaches of electoral protocols and ongoing corruption, that the Election Commission of India headed by the Chief Election Commissioner T.N Seshan resolved to rigorously implement the MCC.

Over the decades, the MCC has undergone significant evolution and refinement to adapt to changing electoral dynamics and emerging challenges. The Election Commission has periodically updated the MCC to incorporate new provisions and address emerging issues such as the misuse of social media, the influence of money power, and the proliferation of fake news. Through these revisions, the MCC has evolved into a dynamic and robust framework that reflects the evolving needs of India’s electoral democracy.

Role of Election Commission of India in Enforcing MCC

Article 324 of the Indian Constitution is a pivotal provision that empowers the Election Commission of India (ECI) to oversee the conduct of elections in the country. This article grants the ECI significant authority and responsibility to ensure free, fair, and impartial elections at all levels, including parliamentary, state legislative, and local government elections.

Article 324 also empowers the Election Commission to make necessary preparations for conducting elections, including the delimitation of constituencies, preparation of electoral rolls, and the implementation of the Model Code of Conduct (MCC) to ensure a level playing field for all political parties and candidates. The ECI is responsible for overseeing the implementation of MCC guidelines and ensuring compliance by all stakeholders.

The ECI’s role in enforcing the MCC encompasses various functions, including the monitoring of election-related activities, investigation of complaints of MCC violations, and imposition of penalties or sanctions on errant parties or candidates. Through a combination of preventive measures, such as pre-election briefing sessions and awareness campaigns, and reactive measures, such as prompt action against MCC violations, the ECI strives to maintain the sanctity and integrity of the electoral process.

Additionally, the ECI collaborates with various stakeholders, including law enforcement agencies, civil society organizations, and media platforms, to strengthen the enforcement of the MCC and address emerging challenges. By upholding the principles of impartiality, transparency, and accountability, the ECI plays a crucial role in safeguarding the integrity of India’s electoral democracy and ensuring that elections are conducted in a free, fair, and peaceful manner.

Model Code of Conduct

General Code of Conduct

• In all endeavors, no party or candidate shall engage in activities that exacerbate existing divisions or sow seeds of animosity between different castes, communities, or religious and linguistic groups.
• There shall be no exploitation of caste or communal sentiments to garner votes. Places of worship such as mosques, churches, temples, or any other religious sites shall not be exploited as platforms for election propaganda.
• All parties and candidates must meticulously avoid any activities categorized as “corrupt practices” or offenses under election laws. These include but are not limited to bribery, voter intimidation, impersonation, canvassing within 100 meters of polling stations, holding public meetings within 48 hours of polling closure, and organizing transportation for voters to and from polling stations.
• When engaging in criticism of other political entities, such critique shall be confined strictly to their policies, track record, and public engagements. Parties and candidates must refrain from delving into the private lives of opposition leaders or workers unless directly relevant to their public duties. Criticism based on unverified claims or deliberate distortions is to be avoided at all costs.
• The fundamental right to a peaceful and undisturbed home-life for every individual shall be upheld, regardless of their political affiliations or opinions. Organizing demonstrations or picketing outside individuals’ residences to protest their views or actions is strictly prohibited.
• No political party or candidate shall permit their followers to utilize any individual’s property, including land, buildings, or compound walls, for erecting flagstaffs, hanging banners, posting notices, or displaying slogans without explicit permission.
• It is the duty of political parties and candidates to make sure that their followers do not interfere with or hinder rival parties’ gatherings and processions.  Workers or sympathizers of one party are prohibited from causing disturbances at public gatherings organized by another party, whether through verbal or written questions, or by distributing their own party’s leaflets. Processions shall not traverse paths where meetings by other parties are being held, and posters issued by one party shall not be removed by workers of another party.

Assembly Gatherings or Conducting Meetings

• Prior to any proposed gathering, the party or candidate is obligated to notify local law enforcement authorities i.e., local Police regarding the venue and timing of the event well in advance. This ensures that necessary measures can be taken to manage traffic and uphold peace and order.
• It is incumbent upon the party or candidate to ascertain beforehand if there are any existing restrictive or prohibitory orders in the proposed meeting location. Compliance with such orders is mandatory, and if any exemptions are required, they must be applied for and obtained promptly.
• If the use of loudspeakers or any other equipment is planned for the meeting, the party or candidate must apply for and obtain the necessary permissions or licenses from the relevant authorities well ahead of time.
• Organizers of meetings are expected to seek assistance from on-duty police personnel in handling individuals who disrupt the event or attempt to instigate disorder. Organizers themselves should refrain from taking direct action against such individuals.

Processional Protocols

• Advance notification of the procession’s itinerary must be provided to local law enforcement authorities to facilitate necessary arrangements.
• When organizing a procession, the party or candidate must pre-determine the starting time, location, route, and endpoint of the procession. Deviation from the planned route should be avoided unless absolutely necessary.
• Organizers must ensure compliance with any existing restrictive orders in the areas through which the procession will pass, unless granted specific exemptions by the appropriate authority. Strict adherence to traffic laws and restrictions is also required.
• Advance arrangements should be made to ensure the smooth passage of the procession, especially at road junctions, to prevent traffic congestion. Long processions should be organized into manageable segments to facilitate the passage of held-up traffic.
• Processions should maintain a position as far to the right of the road as possible, and organizers must strictly adhere to the directions and guidance provided by on-duty police personnel.
• In the event of multiple political parties or candidates planning processions along the same route or parts thereof simultaneously, organizers must establish communication well in advance to prevent clashes or traffic disruptions. Local police assistance should be sought to reach mutually satisfactory arrangements.
• Political parties or candidates should exercise maximum control over procession participants to prevent the carrying of items that may be misused by undesirable elements, particularly in moments of heightened emotions.
• The display or burning of effigies representing members of other political parties or their leaders, and any similar forms of demonstration, are strictly prohibited by all political parties or candidates.

Election Day Protocols

• All political parties and candidates are required to co-operate with election officers to ensure the smooth and orderly conduct of polling, allowing voters complete freedom to cast their votes without any harassment or obstruction.
• Authorized workers must be provided with appropriate badges or identity cards by the respective parties or candidates.
• Identity slips provided to voters must be on plain (white) paper devoid of any symbols, candidate names, or party affiliations.
• Serving or distributing liquor on polling day and during the preceding forty-eight hours is strictly prohibited.
• Measures should be taken to prevent unnecessary crowds from gathering near the political parties’ or candidates’ camps near polling booths to avoid potential confrontations and tension among supporters.
• Candidate camps must maintain simplicity, refraining from displaying posters, flags, symbols, or any propaganda material. Serving food or allowing crowds at the camps is prohibited.
• Cooperation with authorities in adhering to vehicle restrictions on polling day and obtaining necessary permits, prominently displaying them on vehicles, is mandatory.

Polling Station Protocol

The Election Commission appoints Observers. Candidates or their representatives with specific complaints or issues regarding election conduct may bring them to the Observer’s attention.

Responsibilities of the Ruling Party

The party in power, whether at the national or state level, must ensure that its official position is not used for electioneering purposes. Specifically:

• Ministers must refrain from combining official visits with electioneering activities and avoid using official resources for campaigning.
• Public spaces and facilities, such as grounds for election meetings and helipads for air travel, should be accessible to all parties and candidates on equal terms.
• Government accommodations should not be monopolized by the ruling party or its candidates for campaign purposes, and fair access should be granted to other parties.
• Misuse of public funds for advertisements or biased coverage in the media to favor the ruling party during elections must be avoided.
• Discretionary funds should not be allocated or promised by ministers once elections are announced.
• Ministers and authorities must refrain from making promises or announcements regarding new projects, schemes, or appointments that could influence voters in favor of the ruling party after elections are announced.
• Ministers are prohibited from entering polling stations or counting places except in their capacity as candidates, voters, or authorized agents.

Directives on Election Manifestos

• In response to the Supreme Court’s directive dated July 5, 2013, in SLP(C) No. 21455 of 2008 (S. Subramaniam Balaji Vs Govt. of Tamil Nadu and Others), the Election Commission was tasked with formulating guidelines concerning the contents of election manifestos in consultation with all recognized political parties. The underlying principles guiding the formulation of such guidelines, as cited in the judgment, are as follows:
  • While election manifestos’ promises cannot legally constitute ‘corrupt practice’ under Section 123 of the RP Act, the pervasive influence of distributing freebies of any nature undeniably impacts the electorate, thereby undermining the integrity of free and fair elections to a significant extent.
  • The Election Commission, empowered by Article 324 of the Constitution to conduct free and fair elections, has been issuing instructions under the Model Code of Conduct to ensure a level playing field among contesting parties and candidates, safeguarding the purity of the electoral process.
  • Despite the general practice of political parties releasing their election manifestos before the announcement of the election date, thereby falling outside the Election Commission’s regulatory authority, exceptions can be made considering the direct association of election manifestos with the electoral process.

• Upon receiving the Supreme Court’s directives, the Election Commission convened a meeting with recognized National and State Political Parties to solicit their input on the matter, noting their divergent opinions. While some parties supported the issuance of guidelines for manifestos, others argued that it is their right and duty to voters to make such offers and promises in a healthy democratic system. While acknowledging the parties’ right to frame manifestos, the Commission cannot ignore the adverse effects of certain promises on the conduct of fair elections and the maintenance of a level playing field.
• In accordance with Article 324 of the Constitution and after consulting with political parties, the Commission, in the interest of free and fair elections, directs Political Parties and Candidates to adhere to the following guidelines when releasing election manifestos for any parliamentary or state legislative election:
  • Manifestos must align with the ideals and principles of the Constitution and comply with the provisions of the Model Code of Conduct.
  • While the Constitution encourages the State to enact welfare measures for citizens(as stated under Directive Principles of State Policy (Article 36 -51)), manifestos should refrain from promises that could compromise the purity of the electoral process or unduly influence voters.
  • To ensure transparency, fairness, and credibility, manifestos should outline the rationale behind promises and indicate how financial requirements will be met. Trust should be placed only in promises that are feasible to fulfill.
• Prohibition Period for Manifesto Release During Elections:
  • In single-phase elections, manifestos shall not be released during the prohibitory period outlined in Section 126 of the Representation of the People Act, 1951.
  • In multi-phase elections, manifestos shall not be released during the prohibitory periods of all phases as specified in Section 126 of the Representation of the People Act, 1951.

cVIGIL (Vigilant Citizen)

Election Commission of India in order to monitor the proper implementation of the Model Code of Conduct, seek to take the assistance of the citizens. Therefore, it has brought cVIGIL mobile app for the citizen to report any violation of Model code of Conduct. Whereas it has also introduced cVIGIL portal for the official to respond over the complaints reported by the citizens.

cVIGIL App

The cVIGIL application stands as a technological marvel crafted by the Election Commission of India (ECI), empowering citizens to actively combat violations of the Model Code of Conduct (MCC) during electoral processes. Available for both Android and iOS platforms, this app serves as a vigilant watchdog in the palm of every concerned citizen’s hand. To report any infringement, users simply launch the app, categorize the violation, and furnish comprehensive details, including precise location, timestamp, and supporting visual evidence in the form of photographs or videos. Moreover, the app offers a transparent mechanism for users to monitor the progress of their complaints, ensuring accountability and efficacy.

cVIGIL Portal

Complementing the mobile application, the cVIGIL portal emerges as a robust web-based platform tailored for officials to swiftly and effectively address reports lodged by vigilant citizens. Boasting a suite of role-based features, the cVIGIL dashboard grants access to key Election Commission officials, including Chief Electoral Officers (CEOs), District Electoral Officers (DEOs), and Returning Officers (ROs). Within this dynamic interface, DEOs wield the authority to meticulously scrutinize incoming complaints and promptly dispatch the nearest Field Verification Team (FST) to resolve the reported issues.

Likewise, ROs are empowered to review the intricate details of each complaint and track the actions taken by the dedicated FSTs. With a discerning eye, ROs hold the prerogative to render final verdicts, whether it entails dismissing frivolous claims, resolving matters amicably, or escalating cases warranting further investigation. Through this comprehensive framework, the cVIGIL ecosystem epitomizes the fusion of technological innovation and democratic accountability, fostering an electoral landscape defined by transparency, integrity, and citizen participation.

Role of Various form of Media in Implementing MCC

Social Media

Social media platforms have become integral to election campaigning, but they also present challenges in upholding the Model Code of Conduct (MCC). While they offer a powerful tool for political communication, misuse can lead to spreading misinformation, hate speech, and violating MCC guidelines. Election authorities must monitor social media platforms vigilantly during election periods, promptly addressing violations and taking necessary action against offenders.

News Agencies

News agencies play a crucial role in disseminating information to the public during elections. They are expected to uphold journalistic ethics and provide unbiased coverage of political events. However, during election campaigns, there is a risk of biased reporting, sensationalism, and promoting certain candidates or parties. Election authorities need to collaborate with news agencies to ensure fair and accurate reporting, emphasizing the importance of ethical journalism in upholding the MCC.

Print Media

Print media, including newspapers and magazines, continue to be a significant source of information for voters. Like other forms of media, print media are bound by the MCC and expected to maintain neutrality and fairness in their coverage of elections. However, instances of paid news, biased reporting, and sensational headlines can undermine the MCC’s principles. Election authorities must closely monitor print media content, address complaints of MCC violations, and hold media organizations accountable for ethical breaches.

Challenges Surrounding Model Code of Conduct

Challenges in Implementation: Upholding the MCC can be a daunting task, with enforcement sometimes faltering or incomplete, allowing breaches to occur without consequences due to a lack of solid legal backing.

• Resistance to Legalization: Despite calls for legalizing the MCC, the Election Commission of India (ECI) remains wary, highlighting the necessity for expedited elections within a tight timeframe of around 45 days, rendering legal recourse impractical due to prolonged judicial procedures.
• Interpretational Hurdles: The MCC’s language may occasionally be ambiguous or subject to varying interpretations, resulting in perplexity among political factions and aspirants.
• Narrow Focus: Critics advocate for broadening the MCC’s purview to encompass a wider array of concerns, such as campaign financing, the responsible use of social media platforms, and combating hate speech.
• Temporal Constraints: The MCC springs to life solely during election cycles, leaving a vacuum where malpractices might thrive outside of these designated periods.
• Impact on Governance: Concerns persist regarding the MCC’s potential to stifle governmental initiatives and communications during election phases, potentially impeding the smooth operation of governance.
• Urgency for Overhaul: A chorus of voices calls for a comprehensive overhaul of the MCC, aiming to rectify its deficiencies and fortify its efficacy in safeguarding the integrity and fairness of electoral processes.

Conclusion & FAQs

The Model Code of Conduct (MCC) stands as a cornerstone of India’s democratic process, ensuring the conduct of free, fair, and transparent elections. By establishing clear guidelines and ethical standards for electoral conduct, the MCC upholds the principles of democracy, accountability, and inclusivity, thus fostering public confidence in the electoral process.

In an increasingly digital age, the role of the Model Code of Conduct (MCC) extends beyond traditional electoral practices to shape the future of online political discourse in India. As social media and digital platforms play an increasingly influential role in shaping public opinion, the MCC serves as a crucial tool in combating misinformation, promoting ethical conduct, and maintaining the integrity of online political discourse. By adapting to emerging challenges and harnessing the power of technology, the MCC paves the way for a more transparent, accountable, and inclusive democratic process in India.

Frequently Asked Questions (FAQs)