• UGI USER
  • May 31, 2024
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“DOES THE MODEL CODE OF CONDUCT NEED LEGAL ENFORCEMENT FOR EFFECTIVE IMPLEMENTATION?

Syllabus:

  • GS-2- Model code of conduct in elections , ECI’s Powers and the need for legal enforcement of MCC  

 Focus :

  • The article debates whether the Model Code of Conduct (MCC) in India needs legal enforcement to improve its implementation during elections. It explores arguments for and against giving the MCC legal teeth, emphasizing the Election Commission of India’s existing powers, enforcement challenges, and the potential impact on the electoral process and political dynamics.
Source - ET

Allegations of Ineffectiveness

Public Perception of ECI’s Enforcement

  • Common Allegations: The Election Commission of India (ECI) faces recurring accusations of partiality and delayed responses during elections.
  • Vague Complaints: Media and political parties often make unspecific allegations against the ECI.
  • Party Bias: Political parties tend to lodge complaints based on their own interests.
  • Genuine Concerns: The validity of these complaints and the actions taken by the ECI are crucial for public judgment.
  • Current Legal Status is that the MCC lacks legal enforceability.
  • ECI’s Powers: The ECI possesses extensive powers under Article 324 of the Constitution to ensure free and fair elections.
  • Legal Complications: Introducing legal teeth could delay the electoral process due to prolonged judicial proceedings.
  • Efficiency of MCC: The MCC is more effective without legal complications, relying on the ECI’s existing powers.

T.S. Krishnamurthy’s Perspective

  • Judicial Limitations: The ECI’s powers under Article 324 are limited to areas without existing legislative provisions.
  • Current Framework: The ECI operates within the Constitution and the Representation of the People Act (RPA).
  • Enforcement Challenges: Enforcement of MCC violations through existing legal mechanisms like the IPC or RPA can be slow and inconsistent.
  • Proposal for Limited Legal Powers: Suggests minimal legal authority for the ECI to impose monetary penalties or temporary disqualifications to instill fear among violators.
About Model Code of Conduct :

  • The MCC is a document of consensus. The political parties themselves have committed to abiding by the Code and monitoring their behavior during elections.
  • It supports the EC in accordance with the authority granted to it by Article 324 of the Constitution, which grants it the authority to oversee and manage free and fair elections for the State Legislatures and the Parliament.

From the day the election schedule is released until the day the results are made public, the MCC is in operation.

Do’s during MCC:

1.   Campaign Activities:

  • Permissible Campaign Methods: Use permissible campaign methods such as public rallies, door-to-door campaigning, and electronic media advertising.
  • Authorized Usage: Utilize authorized venues and ensure proper permissions are obtained for campaign events and rallies.
  • Campaign Expenditure: Maintain transparent records of campaign expenditures within the prescribed limits.
  • Promotional Materials: Ensure campaign materials, including posters and banners, are placed only in designated areas with proper authorization.

2.   Government Conduct:

  • Routine Functions: Continue routine government functions without announcing any new schemes, policies, or financial grants that could influence voters.
  • Neutral Conduct: Maintain neutrality and avoid using government machinery for electioneering purposes.
  • Official Duties: Ensure government officials involved in election duties remain impartial and carry out their responsibilities without bias.

3.   Political Discourse:

  • Respectful Campaigning: Conduct political discourse respectfully, avoiding personal attacks or defamatory remarks against opponents.
  • Constructive Criticism: Focus on constructive criticism of policies and programs rather than personal character attacks.

Don’ts During MCC:

1.   Prohibited Activities:

  • Bribery and Intimidation: Avoid any form of bribery, intimidation, or coercion to influence voters.
  • Misuse of Power: Refrain from using official position or government resources for campaign purposes.
  • Voter Inducements: Do not offer gifts, cash, liquor, or any other inducements to voters.

2.   Campaign Restrictions:

  • New Announcements: Do not announce new projects, schemes, or development works that could sway voter decisions.
  • Transfers and Appointments: Refrain from making any transfer or appointment of officials that could affect the electoral process.
  • Advertisements: Avoid using government funds for advertisements that project achievements of the ruling party.

3.   Polling Day Conduct:

  • Campaign Silence: Maintain a campaign silence during the 48 hours preceding polling day.
  • Polling Booths: Do not set up unauthorized booths or engage in campaigning within 100 meters of polling stations.
  • Electioneering: Avoid electioneering, such as loudspeakers and banners, on the day of polling.

4.  Ethical Standards:

  • False Information: Do not spread false information, fake news, or defamatory content about opponents.
  • Sensitive Issues: Avoid raising or exploiting sensitive issues related to religion, caste, or language for electoral gains.
  • Incitement: Refrain from any actions or statements that could incite hatred, violence, or social tension.

Impact on Political Process

Arguments Against Statutory Measures

  • Disruption: Strict statutory measures might disrupt the political process.
  • Scope of ECI’s Powers: The ECI’s powers are not all-encompassing and must operate within legal boundaries.

Examples and Proposals

  • Monetary Penalties: Introducing fines for MCC violations.
  • Temporary Disqualification: Imposing short-term disqualifications for severe violations.
  • Political Party Consultations: Lack of recent discussions with political parties on improving MCC enforcement.

Judicial Proceedings and Timeliness

Efficiency Concerns

  • Electoral Timelines: Judicial proceedings can be lengthy, conflicting with the need for expeditious election processes.
  • Executive Actions: Emphasis on the need for swift executive actions rather than prolonged legal battles.

ECI’s Authority and Actions

  • Reservoir of Powers: ECI can draw powers from Article 324 in the absence of statutory laws.
  • Examples of Enforcement: Instances where the ECI has barred leaders from campaigning for short durations.
  • Symbols Order: ECI’s authority under the Election Symbols Order, 1968, to suspend or derecognize political parties for MCC violations.

Ensuring a Level Playing Field

Current Challenges

  • Uniform Application: Question of whether the ECI applies MCC regulations uniformly to all political leaders.
  • Perceived Bias: Public perception of ECI’s impartiality in handling senior political leaders’ violations.

Regulation of Social Media

Growing Influence

  • Campaigning Impact:Social media has a significant influence on election campaigning.
  • Need for Regulation:Calls for discussions on regulating social media, hate speeches, and fake news.
  • Current Limitations:The ECI’s limited power to swiftly address violations during the election process.

Benefits and Challenges

  • Information Dissemination: Social media serves as a critical information source.
  • Healthy Regulation: Need for balanced regulation to control misinformation while preserving the platform’s benefits.

Conclusion

  • Ongoing Debate: Continuous discussion on the adequacy of the MCC and the ECI’s powers is essential.
  • Potential Reforms: Consideration of minimal legal provisions for the ECI to enhance enforcement without disrupting the electoral process.
  • Role of Stakeholders: Involvement of all stakeholders in refining the MCC and addressing contemporary challenges like social media influence.

Source:The Hindu

Associated article:

https://universalinstitutions.com/one-nation-one-election/

Mains Practice Question :

GS-3

“Critically examine whether the Model Code of Conduct (MCC) in India requires legal enforceability to ensure its effective implementation. Discuss the existing powers of the Election Commission of India (ECI) under Article 324 of the Constitution and the potential implications of providing legal teeth to the MCC on the electoral process and political landscape.” (250 words)