Question

Explain about the model code of conduct during elections. 'Providing legal status to the model code of conduct adds teeth to the election commission of India'- Justify

Answer 1

Approach:

1. Explain the concept of model code of conduct.
2. Mention about the evolution of the model code of conduct.
3. Discuss about the effectiveness of the model code of conduct.
4. Justify your view on giving legal status to the model code of conduct.
5. Make an appropriate conclusion.

Model Code of Conduct:
The model code of conduct is a set of guidelines issued by the election commission to the political parties and candidates to ensure the conduct of free and fair elections. The code will remain in action from the day of the announcement of election dates till the results of the elections are announced.

Evolution of the model code of conduct: The model code of conduct had been implemented during state assembly election in Kerala in 1960. It contained the guidelines regarding the election meetings, speeches, slogans among others. From the general elections of 1962 the MCC continued to be followed in subsequent elections. Continuous upgradation was made to the code from regulating the party in power to the election manifestos.

Effectiveness of the model code of conduct:
The model code of conduct sets a level playing field for all candidates participating in the elections. Some of the important utility of the code are

• Regulation of the campaign duration.
• Monitoring of the election expenses.
• Preventing the ruling from gaining advantage among others.
• The consciousness of the parties about the code in their activities.

At the same time the implementation of these code not effective in many cases. Thus there are many aspects in the improvement of these codes. The launch of the cVIGIL by the election commission is a welcome step towards citizen participation in ensuring the prevention of violation of the model code of conduct.

Legal status of the model code of conduct: The model code of conduct is not enforceable by law. The violation of the model code of conduct can be enforced through various legislations like Indian penal code, code of criminal procedure and the representation of the people act, 1951. The standing committee on electoral reforms had suggested that the MCC should be made as a part of the Representation of the People Act, 1951. The election commission was against providing legal status to MCC as it will delay the election process as the judicial proceedings takes more time. It also increases the pendency of cases in the judiciary. Thus instead of giving legal status the violations has to be addressed in a stringent manner through existing legal provisions.

Conclusion:
In order to ensure the conduct of free and fair elections the model code of conduct has to be implemented in an effective manner. Most of the violations that remains unchecked are mainly due to the lack of action from the side of the officials responsible for it. Hence the officials in charge of the implementation should be given proper awareness about the provisions to book for the violations of the MCC.