Context:
The Model Code of Conduct (MCC) is a cornerstone of electoral integrity in India, designed to ensure fair and peaceful elections. However, recent elections have witnessed egregious violations by senior politicians, undermining the spirit of the MCC. Despite its crucial role, the MCC faces challenges in enforcement and maintaining its efficacy, raising concerns about the purity of the electoral process.
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Importance of Model Code Of Conduct- ● Ensures Fair Play: MCC prevents misuse of government power, prohibits using official resources for campaigning, and maintains a level playing field for all parties and candidates. ● Builds Confidence: Enforcing the MCC assures voters of impartial elections, where their votes matter and are respected. ● Promotes Issue-based Campaigning: Encourages focusing on policies and programs rather than personal attacks, fostering informed voter decisions. ● Prevents Sectarian Exploitation: Prohibits the use of caste, religion, or communal sentiments for garnering votes, maintaining social harmony. ● Reduces Electoral Violence: Imposes strict norms on rallies and gatherings, minimizing instances of violence during elections. ● Promotes Decency and Decorum: Mandates high standards of conduct, discouraging actions that incite violence or hatred. ● Maintains Public Order: Sets guidelines to prevent clashes and disruptions, ensuring normalcy during the election period. |
Challenges in Upholding the MCC:
The MCC, conceived by the Election Commission of India (ECI), is pivotal in fostering a conducive environment for democratic elections. However, political exigencies often override its principles, leading to widespread violations. The competitive nature of Indian politics transforms elections into battlegrounds where parties resort to unethical tactics to gain an edge. This culture of cutthroat competition erodes the sanctity of the MCC, rendering it toothless in the face of rampant transgressions.
Moreover, the lack of legal enforceability diminishes the MCC's effectiveness. While the ECI possesses plenary powers to oversee elections, its ability to penalize violators is limited by the absence of legal backing for the MCC. This loophole enables errant politicians to flout the MCC with impunity, undermining the very foundation of free and fair elections.
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Issue with MCC- ● Lack of Legal Enforceability: MCC lacks legal backing, leading to governance limitations and questionable effectiveness. However, The Representation of the People Act (RoPA) of 1951 contains some provisions that align with the implementation of the MCC: ○ Section 8 of the Act deals with disqualification on conviction for certain offenses. ○ Part VII of the Act contains provisions related to Corrupt Practices and Electoral Offences. ○ Certain provisions of the Model Code of Conduct (MCC) are mentioned in the existing statutes like the Indian Penal Code (IPC) 1860, and Code of Criminal Procedure (CrPC) 1973 ● Delayed and Weak Response: The Election Commission's slow or inadequate response to violations allows offenders to act with impunity. ● No Disqualification Power: Election Commission lacks the authority to disqualify candidates, limiting its ability to address misconduct. ● Inability to Deregister Parties: Commission cannot deregister parties for violations, raising concerns about accountability. ● Ineffectiveness in Curbing Malpractices: MCC fails to prevent electoral malpractices like hate speech and fake news, exacerbated by technological challenges. ● Criticism of Application Timing: MCC application timing is often criticized as either too early or too late, impacting development initiatives. ● Low Awareness and Compliance: Lack of understanding and adherence among stakeholders underscores the need for increased awareness and compliance efforts. |
The Role of the Election Commission:
Article 324 of the Indian Constitution empowers the Election Commission of India (ECI) to ensure free and fair elections (Also mentioned in Election Commission of India vs State of Tamil Nadu and Others (1993)). Despite its constitutional authority, the ECI's response to MCC violations has been tepid, lacking the assertiveness demonstrated by past commissioners like T.N. Seshan. While the ECI has the power to suspend or withdraw recognition of a party, it will deprive of the symbol reserved for it for MCC violations ( Under Election Symbols (Reservation and Allotment) 1968), its reluctance to wield this authority effectively dilutes its deterrent effect.
Furthermore, the absence of punitive measures for violating the MCC exacerbates the problem. While the Representation of the People Act addresses electoral malpractices, it fails to prescribe specific penalties for MCC violations. This regulatory gap leaves a vacuum in enforcement, emboldening politicians to flout the MCC with impunity.
Addressing Communal Polarization:
One of the gravest challenges posed by MCC violations is the exacerbation of communal tensions during election campaigns. Senior politicians, including members of the Council of Ministers, often resort to divisive rhetoric targeting specific religious or caste groups to mobilize voters. Such inflammatory speech not only violates the MCC but also contravenes the oath of office taken by ministers to uphold the Constitution.
● Judicial Intervention: The judiciary's role in safeguarding electoral integrity is paramount. By emphasizing the imperative of maintaining the purity of elections, the judiciary can empower the ECI to take decisive action against MCC violators. Criminal proceedings under Section 125 of the Representation of the People Act can serve as a deterrent, holding errant politicians accountable for promoting enmity or hatred on religious grounds.
● Check on Social Media: Moreover, the proliferation of social media exacerbates the dissemination of hate speech and misinformation, amplifying communal polarization. The ECI must collaborate with tech platforms to curb the spread of incendiary content and ensure a level playing field for all parties.
Preserving Secularism in Electoral Discourse:
Secularism lies at the heart of India's democratic ethos, serving as a bulwark against communal strife. However, the politicization of religion in election campaigns undermines this foundational principle, sowing seeds of discord in society.
● Representation of the People Act 1951: While the Representation of the People Act prohibits appeals to religion for electoral gains, politicians circumvent this prohibition, weaponizing religion to consolidate support.
● Proactive Stand of ECI: The onus lies on the ECI to confront this insidious trend and safeguard the secular fabric of Indian democracy. By adopting a proactive stance against religious polarization, the ECI can stem the tide of communalism and uphold the integrity of the electoral process.
● Role of Judiciary: Judicial intervention can reinforce the ECI's authority, ensuring swift and stringent action against offenders.
● Role Play by Education: Furthermore, civic education plays a crucial role in fostering secular values among voters, immunizing them against divisive propaganda. The ECI should collaborate with educational institutions and civil society organizations to promote civic awareness and combat communal polarization at its roots.
Conclusion:
The fraying of the Model Code of Conduct poses a grave threat to the democratic edifice of India. As custodians of electoral integrity, the Election Commission of India and the judiciary must collaborate to fortify the MCC and deter its violations. By invoking the full extent of their powers and upholding the sacrosanct principles of democracy, they can reaffirm the primacy of free and fair elections in shaping India's political landscape.
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Probable Questions for UPSC Mains Exam- 1. Discuss the Significance of MCC to conduct free and fair elections in India. What are the criticisms related to MCC implementation for Election, through ECI? (10 Marks, 150 Words) 2. What are the issues in front of ECI to conduct elections without communal polarization? Discuss the measures that can taken to uphold secularism in Electoral discourse.( 15 Marks, 250 Words) |
Source- The Hindu
