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Model code of conduct and its violations

  • Writer: PIB Writer
    PIB Writer
  • Apr 3, 2024
  • 2 min read

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) to regulate political parties and candidates in the period leading up to an election. Aimed at ensuring free and fair elections, the MCC is intended to maintain the integrity of the democratic process by addressing issues such as misuse of government power, electoral malpractices, and ensuring a level playing field for all candidates. While the MCC does not have statutory backing, it holds significant moral authority and is widely respected by political entities.


Key Provisions of the MCC

  • General Conduct: Prohibitions on hate speech, communal appeals, and activities that may cause tension between different castes and communities.

  • Meetings and Processions: Guidelines on holding public meetings, processions, and the behavior of political parties and candidates during such events.

  • Polling Day and Polling Booths: Restrictions on campaigning within 48 hours before the polling ends, including the "silence period," and conduct at polling booths to prevent voter intimidation.

  • Party in Power: Specific restrictions on the party in power to prevent it from using its official position for campaign purposes, including announcements that may sway the electorate and the use of public resources for campaigning.


Violations of the MCC

Violations of the MCC can range from minor infractions to serious breaches that could potentially impact the fairness of the electoral process. Common violations include:

  • Misuse of Official Machinery: Using government resources, including vehicles and personnel, for campaign activities.

  • Media Manipulation: Attempting to sway voters through manipulated media reports or unauthorized advertising.

  • Bribery and Coercion: Offering money or gifts in exchange for votes, or threatening voters to influence their electoral choices.

  • Impersonation and Fraud: Voting fraud, including impersonation of voters or tampering with electoral rolls.


Enforcement and Penalties

While the MCC itself does not carry legal penalties, violations can lead to actions by the ECI, including:

  • Reprimands and Advisories: Issuing warnings to parties or candidates for minor infractions.

  • Cancellation of Candidature: In severe cases, the ECI can disqualify candidates from the race.

  • FIRs and Legal Action: For actions that also violate existing laws, the ECI can direct the filing of FIRs against the violators, leading to potential criminal penalties under relevant legislation.


Challenges in Enforcement

  • Lack of Statutory Backing: The MCC's effectiveness is sometimes questioned due to its lack of legal enforceability, relying instead on the political parties' and candidates' moral and ethical compliance.

  • Subjectivity in Interpretation: Determining what constitutes a violation can be subjective, leading to allegations of bias in enforcement decisions.

  • Rapid Response Requirements: The fast-paced nature of electoral campaigns requires quick responses to violations, challenging the ECI's capacity to monitor and act in real-time.


Conclusion

The Model Code of Conduct plays a crucial role in the conduct of elections in India, aiming to ensure that the electoral process is conducted in a fair, free, and unbiased manner. Despite its challenges, particularly regarding enforceability and rapid response to violations, the MCC remains a cornerstone of electoral integrity, reflecting the ECI's commitment to maintaining the democratic ethos of elections in India.


Reason it's important : Complaint against Kerala Minister for poll code violation

Published in : The Hindu

Date appeared in newspaper : 03 April 2024

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