What is Model Code of Conduct?

The Model Code of Conduct (MCC) in India is a set of guidelines by the Election Commission of India (ECI) for political parties and candidates during the time of elections. It aims to guarantee free and fair elections by regulating the conduct of political parties and candidates. Furthermore, the MCC lays down the standards of behaviour and activities for political parties and the candidates from the time elections are announced until the results are declared. For the 2024 elections, the Model Code of Conduct came into effect on the 16th of March, 2024. Read on to know why is Model Code of Conduct required in a Democracy, whether it is legally binding and the issues with the MCC!

Why is Model Code of Conduct required in a Democracy?

In addition, here is why the Model Code of Conduct is required in a Democracy:

• Guaranteeing Fair Elections: The MCC guarantees that the electoral process stays free from influence, intimidation, and malpractice. Hence, through the MCC it wants to have an equal playing field for all candidates.

• Preventing Abuse of Power: During elections, there is a heightened risk of those in power to abuse their positions for electoral gains. Therefore, the MCC checks on the ruling party’s actions, thus stopping them from exploiting the resources of the government to their advantage.

• Maintaining Electoral Integrity: The MCC helps in keeping the integrity by prohibiting activities that could alter the fairness of elections, such as distributing money or gifts to voters.

Also Read: Representation of People’s Act

Is Model Code of Conduct Legally Binding?

The Model Code of Conduct developed by the Election Commission of India is not legally binding, which means the violations cannot lead to any legal action. Moreover, compliance with the MCC is voluntary, with the ECI using moral pressure for enforcement.

Nevertheless, if the ECI suspects a breach, it can issue a notice to the person or party, either on its own or based on a complaint. Additionally, the recipient must then respond in writing, thus admitting to their fault with an apology or denying the accusation. If found guilty afterwards, they may receive a written censure which is considered by many as a mild punishment.

Also Read: Notes on Lok Sabha

Issues with the MCC

Furthermore, the issues with Model Code of Conduct are as follows: 

• Lack of Statutory Backing: Since the MCC is not a law passed by Parliament, its enforcement depends mostly on the willingness of political parties and candidates to comply to it.

• Limited Scope: The MCC focuses on the conduct of political parties and candidates during elections. However, it does not manage problems such as hate speech or misinformation, which also influences the electoral process.

• Enforcement Challenges: In the enormity of the electoral landscape in India has substantial challenges. Moreover, the ECI’s resources might be stretched thin during election periods, thus impacting its ability to effectively monitor and implement the MCC.

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