Model Code of Conduct (MCC)

Model Code of Conduct (MCC)

  • Context:

  • The Election Commission of India (ECI) recently issued a show-cause notice to the Congress president over alleged objectionable remarks against the Prime Minister, claiming a violation of the Model Code of Conduct (MCC).

  • In response, the opposition alleged the ruling party also violated the MCC through specific election promises, citing Section 123 of the Representation of the People Act, 1951.

  • What is the MCC?

  • It is a set of norms evolved with the consensus of political parties to ensure a level playing field for all parties and contesting candidates during elections.

  • It is enforced by the ECI, drawing its fountainhead of powers directly from Article 324 of the Constitution.

  • Duration of Application:

  • The MCC comes into operation immediately after the announcement of the election schedule by the ECI and remains enforceable until the completion of the election process.

  • The date of announcement cannot be more than 3 weeks prior to the date of notification.

  • Restrictions and Norms:

  • Campaigning:

  • There shall be no appeal to caste or communal feelings.

  • Mosques, Churches, Temples, or other places of worship strictly cannot be used as forums for election propaganda.

  • Criticism must be confined to policies and past work, avoiding unverified allegations or attacks on private lives.

  • Transport Restrictions:

  • Making direct or indirect arrangements to transport voters to polling stations is a criminal offence under Section 133 of the Representation of the People Act, 1951.

  • Monitoring:

  • Political party leaders are prohibited from using private fixed-wing aircraft and helicopters to supervise or monitor the polling and counting process.

  • Enforcement and Penalties:

  • While generally perceived as self-regulatory, MCC violations largely attract penal action.

  • Crucially, under para 16A of the Election Symbols (Reservation and Allotment) Order, 1968, the ECI is empowered to suspend or withdraw the recognition of a political party for an MCC violation, after giving them a reasonable opportunity to defend themselves.