Topic: GS2 – Governance – Government policies – Interventions for development in various sectors

This topic is relevant for both Prelims and Mains in the context of understanding the challenges and evolution of electoral processes in India.

• The article reflects on the challenges of electoral processes in India, particularly prior to the establishment of regulatory bodies like the Election Commission of India (EC) and the Model Code of Conduct (MCC).
• The evolution of the MCC is outlined, highlighting its role in setting standards for political conduct.
• Ultimately, it emphasizes the importance of ethical leadership in upholding the integrity of the electoral process.

What is MCC ?:

• The MCC is a consensus document. The political parties have themselves agreed to keep their conduct during elections in check and to work within the Code.
• It helps the EC in keeping with the mandate it has been given under Article 324 of the Constitution, which gives it the power to supervise and conduct free and fair elections to the Parliament and State Legislatures.
• The MCC is operational from the date on which the election schedule is announced until the date of the result announcement.
• The government cannot announce any financial grants, promise construction of roads or other facilities, and make any ad hoc appointments in government or public undertaking during the time the Code is in force.
• Enforceability of MCC:
• Though the MCC does not have any statutory backing, it has come to acquire strength in the past decade because of its strict enforcement by the EC.
• Certain provisions of the MCC may be enforced by invoking corresponding provisions in other statutes such as the Indian Penal Code (IPC) 1860, Code of Criminal Procedure (CrPC) 1973, and Representation of Peoples’s Act (RPA) 1951.
• Key Provisions of MCC:
• General Conduct:
• No party or candidate shall include in any activity that may aggravate existing differences or cause tension between different castes and communities, religious or linguistic.
• Similarly, Section 123(3) of the Representation of the People Act, 1951, disallows the usage of religion, race, caste, community, or language to promote enmity or hatred among the people and use of it as a political tool.
• Criticisms directed towards other political parties should be restricted to an evaluation of their policies, historical performance, and initiatives, refraining from personal attacks.
• Meetings and Processions:
• Parties must inform the local police authorities of the venue and time of any meeting to enable the police to make adequate security arrangements.
• If two or more candidates plan processions along the same route, the political parties must establish contact in advance to ensure that the processions do not clash.
• Carrying and burning effigies representing members of other political parties is not allowed.
• Polling Day:
• Only voters and those with a valid pass from the EC are allowed to enter polling booths.
•  All authorised party workers at polling booths should be given suitable badges or identity cards.
• Identity slips supplied by them to voters shall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party.
• The EC will appoint observers to whom any candidates may report problems regarding the conduct of the election.
• Party in Power:
• The MCC incorporated certain restrictions in 1979, regulating the conduct of the party in power. Ministers must not combine official visits with election work or use official machinery for the same.