• UGI USER
  • Apr 30, 2024
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MIND THE GAP : THE ELECTION COMMISSION’S MODEL CODE REQUIRES URGENT REFORM FOR CONTEMPORARY CHALLENGES

Syllabus:

GS-II:

  • Statutory, Regulatory and various Quasi-judicial Bodies.
  • Powers, Functions, and Responsibilities of Constitutional Bodies.

Why in the news ?

Inadequacies in India’s Model Code of Conduct prompt calls for reform to address contemporary electoral challenges and ensure fairness.

source:courseguide

Introduction:

  • Nehru’s “The Discovery of India” discusses the challenges of democracy and elections.
  • The Model Code of Conduct (MCC) in India has evolved since its inception in
  • Current debates around the MCC’s effectiveness and the need for reform are highlighted by figures like Ashok Lavasa.
What is The Model Code of Conduct (MCC)?

●      Definition: MCC stands for Model Code of Conduct.About MCC:

●      Operational from announcement of election schedule until result announcement.

●      Issued by: Election Commission of India (ECI).

●      Purpose: Regulate political parties and candidates before elections.

●      Legal Basis: Ensures compliance with Article 324 of the Constitution.

●      Duration: Operational from announcement of election schedule to result announcement.

Understanding Role and Evolution of the Election Commission of India:

●      Independent constitutional body overseeing free and fair elections.

●      Administers elections at Union and State levels.

●      Conducts elections for Parliament, State Legislatures, President, and Vice President.

Evolution:

●      Established under Part XV, Articles 324-329 of the Indian Constitution.

●      Article 324: mandates an independent Election Commission for electoral supervision.

●      Initially single-member body (1950-1989), later multi-member (1990-1993), and multi-member again since.

●      Adapted to increased workload by returning to a multi-member format.

Structure of the Election Commission:

➢    Chief Election Commissioner and Other Commissioners:

➢    Chief Election Commissioner (CEC) and other Election Commissioners appointed by the President.

➢    Number of Election Commissioners determined by the President.

➢    CEC serves as chairman in the presence of other Election Commissioners.

➢    Appointment Process:

➢    The President appoints CEC and Election Commissioners.

➢    Regional Commissioners may be appointed by the President after consultation with the Election Commission.

➢    Conditions of Service:

➢    Determined by the President of India.

·       Including tenure of office for Election Commissioners and Regional Commissioners.

UnderstandingThe Imperative of Reforming India’s Model Code of Conduct: A Call to Action

  • Historical Evolution of MCC:
  • Origin: MCC originated during the Assembly elections of Kerala in
  • 1962: ECI circulated the code nationwide during Lok Sabha elections, gaining widespread adherence.
  • 1991: Due to election norm violations and corruption, EC opted for stricter MCC enforcement.
  • Developed further under various Chief Election Commissioners, notably T N Seshan.
  • Initially focused on basic dos and don’ts, expanded to address broader electoral conduct issues.
  • Additional provisions aimed to prevent abuse of power by the ruling party and ensure fairness in elections.
  • Challenges Faced by MCC:
  • Contemporary politics is marked by widespread violations of the MCC.
  • Political leaders exploit loopholes within MCC regulations.
  • Influence of money and technology complicates enforcement efforts.
  • Lack of clear consequences for violations undermines the MCC’s effectiveness.
  • Recent incidents have raised concerns over the Election Commission’s handling of the Model Code of Conduct (MCC).
  • Issues include the Prime Minister’s announcement of India’s ASAT test during elections, launch of NaMo TV without a licence, and hate speech by political leaders.
  • The Election Commission’s reluctance to take swift action has led to questions about its autonomy and effectiveness.
  • Analysis of Election Commission’s Stand:
  • The Election Commission’s response in Supreme Court cases suggests a lack of assertiveness.
  • The need for stronger enforcement powers is evident, as seen in its delayed responses to violations.
  • Suggestions for institutional reforms, such as a collegium system for appointments, aim to reduce government influence and enhance independence.
  • Strengthening Enforcement Mechanisms:
  • Emphasis on the Election Commission’s role in impartially enforcing MCC provisions.
  • Standardisation of processes for compiling and addressing reported violations.
  • Timely and credible enforcement crucial for maintaining public trust in electoral integrity.
  • Role of Model Leadership:
  • Ethical leadership essential for upholding democratic values.
  • Alignment of leaders’ actions with democratic principles is paramount.
  • Model leadership crucial for rebuilding public trust in electoral processes.

Criticisms of the MCC:

  • Ineffectiveness in Curbing Malpractices:
  • MCC has been ineffective in preventing various electoral malpractices like hate speech, dissemination of fake news, use of money power, booth capturing, voter intimidation, and violence.
  • Challenges posed by new technologies and social media platforms have made it difficult for the Election Commission of India (ECI) to control the spread of misinformation and propaganda.
  • Lack of Legal Enforceability:
  • MCC lacks legal binding and relies solely on moral persuasion and public opinion for compliance.
  • Without legal backing, enforcement becomes challenging, and political parties may not take the guidelines seriously.
  • Interference with Governance:
  • MCC imposes restrictions on governance activities such as policy decisions, public spending, welfare schemes, transfers, and appointments.
  • ECI’s timing of MCC implementation has often been criticised for interfering with development activities and public interest.
  • Lack of Awareness and Compliance:
  • There is a lack of widespread awareness and understanding of MCC among voters, candidates, political parties, and government officials.
  • Limited awareness leads to non-compliance with MCC guidelines, undermining its effectiveness in ensuring free and fair elections.

Way Forward for Strengthening the Model Code of Conduct (MCC):

  • Strengthen Enforcement:
    • Enhance mechanisms to ensure compliance by all political parties.
  • Clarify Provisions:
    • Improve clarity and specificity of MCC rules to minimise ambiguity.
  • Expanding Scope:
    • Broaden MCC’s coverage to address digital campaigning and electoral funding transparency.
  • Legalising MCC:
    • Evaluate proposals to legally institutionalise the MCC for enhanced effectiveness.
  • Public Awareness:
    • Launch campaigns to educate stakeholders about the importance of MCC compliance.
  • Continuous Review:
    • Establish a framework for regular evaluation and adaptation of the MCC to address evolving electoral challenges.

Conclusion:

Urgency of MCC reform to address contemporary challenges in India’s electoral landscape.The Model Code of Conduct (MCC) serves as a compass for democracy but faces challenges with declining commitment and increasing violations. Proposed reforms offer a path towards reaffirming democratic principles and integrity.Model leadership plays a pivotal role in fostering ethical conduct and restoring public trust in elections.

Source: Indian Express

Mains Practice Question:

“Discuss the challenges faced by the Election Commission of India in enforcing the Model Code of Conduct (MCC) and the necessity for its reform. How can the MCC be revamped to address contemporary electoral issues and ensure fairness and transparency in the electoral process?”