Context:
The Delhi Police has reported a significant number of alleged Model Code of Conduct (MCC) violations since the Delhi Assembly elections were announced on January 7. As of February 3, a total of 1,076 cases have been registered, with charges including distribution of gifts to voters, spreading misinformation, and assault.
About the Model Code of Conduct:
The MCC is a set of guidelines established to regulate the behavior of political parties and candidates during elections. It aims to ensure free, fair, and transparent elections by promoting ethical conduct. The key objectives of the MCC include:
1. Ensuring Fair Elections – Preventing the misuse of official power by the ruling party.
2. Preventing Malpractices – Discouraging electoral offenses, corruption, and other unfair practices.
3. Maintaining Peace – Curbing activities that may incite conflicts between different communities, castes, or religions.
4. Upholding Free and Fair Campaigning – Creating a level playing field for all candidates and parties.
Historical Background:
The Model Code of Conduct (MCC) originated during the 1960 Kerala Assembly elections as a ‘Code of Conduct’ introduced by the State Administration. Its broader implementation began during the 1962 Lok Sabha elections when the Election Commission of India (ECI) circulated it to all political parties and state governments.
· Over the years, it evolved to counter corrupt practices, the influence of money, and muscle power in elections. By 1991, the code became more stringent, particularly in regulating the ruling party to prevent undue advantages.
· While the MCC is not legally enforceable, it remains a crucial instrument for fair elections in India.
Issues in Implementing the MCC:
1. Enforcement Issues – The lack of legal backing makes implementation difficult.
2. Emerging Malpractices – Social media and digital platforms have introduced new methods of voter manipulation.
3. Weak Response to Violations – Delays in Election Commission action allow political actors to repeatedly violate the code.
4. Limited Authority of the ECI – The Election Commission cannot directly disqualify candidates, restricting its power to deter violations.
Suggested Reforms:
1. Legal Enforcement – Incorporating the MCC into the Representation of the People Act, 1951, to give it legal authority.
2. Technology-Based Monitoring – Utilizing AI and digital tools to track violations on social media and other platforms.
3. Ban on Government Advertisements – Prohibiting government-sponsored advertisements six months before elections to prevent misuse of public resources.
4. Strengthening the ECI – Granting the Election Commission greater independence and authority to take stricter action against violations.
The MCC continues to be a vital tool in maintaining the integrity of Indian elections. Strengthening its enforcement and adapting it to new challenges will ensure its continued effectiveness in promoting free and fair elections.
