Modal Code of Conduct (MMC)

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) to regulate the behaviour of political parties and candidates during elections. Its primary purpose is to ensure free, fair and transparent elections by maintaining a level playing field among all contesting parties and preventing the misuse of power and public resources. The Code embodies the principles of ethics, discipline, and respect for democratic processes.

Background

The Model Code of Conduct has its origins in the late 1960s. It was first introduced during the 1960 Assembly elections in Kerala as a voluntary code of conduct agreed upon by political parties to maintain decorum during election campaigns. Based on its success, the Election Commission later adopted it nationwide, issuing formal guidelines to be followed by all political entities during elections to Parliament and State Legislatures.
Over the years, the MCC has evolved into a comprehensive framework, refined after every election to address emerging challenges. The Commission derives its authority to enforce the Code from Article 324 of the Indian Constitution, which grants it the power to supervise and conduct free and fair elections.

Objectives of the MCC

The main objectives of the Model Code of Conduct are to:

• Ensure that political parties and candidates adhere to fair practices during election campaigns.
• Prevent the ruling party from using its position to gain an undue advantage over opponents.
• Avoid activities that could influence voters unfairly, such as offering bribes, making false promises, or spreading hatred.
• Uphold public order and prevent communal tensions during the election period.
• Protect the integrity and neutrality of the electoral process.

When the MCC Comes into Force

The Model Code of Conduct comes into effect immediately after the Election Commission announces the election schedule. It remains in force until the entire electoral process, including counting and declaration of results, is completed. During this period, all political parties, candidates, and government officials are bound by its provisions.

Major Provisions of the MCC

1. General Conduct

• Political parties and candidates must avoid actions or statements that could provoke communal hatred, violence, or discrimination based on caste, religion, or language.
• No appeals should be made to voters on religious or communal grounds.
• Criticism of other parties must be limited to their policies, programmes, and record, avoiding personal attacks or unverified allegations.

2. Meetings and Processions

• Parties must obtain prior permission from local authorities before organising public meetings or processions.
• They are expected to inform authorities of the venue, timing, and expected attendance to ensure law and order.
• Processions by different parties should not coincide in the same area to prevent conflicts.

3. Election Manifestos

• Manifestos must not contain promises that could undermine the financial stability of the state or the country.
• Parties should indicate the means by which they plan to finance any proposed welfare schemes.
• Promises intended to unduly influence voters are considered violations of the Code.

4. Party in Power

Special restrictions apply to the party or coalition currently in government to prevent misuse of official machinery:

• Ministers and government officials cannot combine official visits with electioneering activities.
• Public funds, government transport, and official media cannot be used for campaigning purposes.
• The government cannot announce new projects, policy decisions, or financial grants during the election period.
• Transfers and postings of officials involved in election work are strictly prohibited unless approved by the ECI.

5. Polling Day and Polling Booths

• Only voters and authorised personnel are allowed within polling stations.
• Canvassing within 100 metres of polling booths is prohibited.
• Political parties are expected to cooperate with election officials to ensure peaceful voting.

6. Observers and Election Officials

• The Election Commission appoints observers to monitor compliance with the MCC and report violations.
• Government officials involved in election duties must act impartially and avoid association with political activities.

7. Election Campaigning and Media

• Campaigns must end 48 hours before polling begins to provide a “silence period” for voters to make independent decisions.
• Political advertisements on television, radio, and social media require prior certification from the ECI or authorised committees.
• Parties must not use public broadcasting channels or government-controlled media for partisan purposes.

Enforcement Mechanism

The Election Commission plays a central role in enforcing the Model Code of Conduct. It can:

• Issue warnings, directions, or censures to political parties or candidates violating the Code.
• Order the removal or transfer of officials suspected of bias.
• Restrict or prohibit campaign activities of candidates or political parties.
• Advise governments to defer policy announcements that may influence voters.

While the MCC itself is not a statutory law, violations can attract penal provisions under the Indian Penal Code (IPC), the Representation of the People Act, 1951, and other relevant laws if the actions amount to offences such as bribery, intimidation, or corruption.

Significance of the MCC

The Model Code of Conduct serves as the cornerstone of India’s democratic electoral framework. Its importance lies in:

• Promoting fair competition: Ensures all political parties contest elections on an equal footing.
• Preventing misuse of power: Restrains ruling parties from using state machinery for electoral gain.
• Maintaining public confidence: Upholds voter trust in the integrity and neutrality of elections.
• Reducing electoral malpractices: Discourages hate campaigns, corruption, and coercion.
• Reinforcing accountability: Empowers the Election Commission to act as a neutral arbiter in political disputes during elections.

Criticisms and Challenges

Despite its achievements, the MCC faces several limitations and criticisms:

• Non-statutory nature: Since the Code is not legally binding, enforcement relies heavily on the Election Commission’s moral authority rather than legal sanctions.
• Selective compliance: Some political parties attempt to circumvent the rules by exploiting grey areas in the Code.
• Delayed action: Investigations into violations often extend beyond the election period, reducing the deterrent effect.
• Social media challenges: The rise of digital campaigning has made it difficult to monitor and regulate online violations effectively.

Recent Developments

In recent elections, the Election Commission has strengthened MCC enforcement by introducing digital monitoring systems, social media guidelines, and a citizen complaint app called cVIGIL, allowing real-time reporting of violations. The ECI has also worked to standardise decisions across states and improve transparency in its actions.