DAW 6th November 2025, Mains Answer Writting 2026

DAW 6th November 2025, Mains Answer Writting 2026

Question

Discuss the role of the Election Commission in enforcing the Model Code of Conduct during elections. (250 Words, 15 Marks). 

Model Answer

Approach: Introduction: 

  • ECI under Article 324 ensures free and fair elections. 

  • Model Code of Conduct (MCC)- a consensus-based, non-statutory code – regulates political and administrative behavior during elections to maintain a level playing field. 

Body: 

  • Role of ECI: 

  • Issuance of the Code 

  • Monitoring Violations 

  • Formulation & Implementation 

  • Enforcement 

  • Monitoring & Awareness 

  • Technological Adaptation 

  • Ensuring Fairness 

  • Challenges: No legal backing, weak punitive powers, digital misinformation, populist schemes, and limited deterrence. 

  • Way Forward: Partial statutory backing, regulate pre-poll ads, integrate AI for monitoring, and enhance ECI autonomy. 

 Conclusion: 

  • Despite limitations, ECI through MCC has upheld electoral integrity and fairness, reinforcing trust in India’s democratic process. 

  

          Introduction: 

  • The Election Commission of India (ECI), established under Article 324 of the Constitution, is an autonomous body responsible for ensuring free, fair, and transparent elections. One of its key instruments is the Model Code of Conduct (MCC)- a consensus-based set of guidelines regulating the behavior of political parties, candidates, and government officials during elections. Though not legally binding, the MCC plays a vital role in maintaining a level playing field and upholding democratic integrity. 

 Body:  Role of the Election Commission- Model Code of Conduct: 

  • Formulation and Implementation: 

  • Issuance of the Code: The Election Commission frames the Model Code of Conduct to govern the conduct of political parties and candidates during the election period. It sets out principles to prevent unfair practices such as the misuse of government resources and influence, and ensures that elections are conducted in a level playing field. 

  • Monitoring Violations: The ECI actively monitors political activities to ensure that no party or candidate violates the MCC. It scrutinizes campaign practices, media coverage, speeches, and the use of government facilities during the election period. Any violations, including improper use of official machinery or unfair tactics, are taken up by the Commission. 

  • Implementation: Once elections are announced, the ECI ensures adherence to the MCC by political parties, candidates, and government officials. 

  • Enforcement: If there are violations of the MCC, the ECI has the authority to take action, including issuing warnings, imposing fines, or even disqualifying candidates. 

  • Updation of MCC: The ECI formulated and periodically revises the MCC through consultations with political parties to address emerging electoral challenges. 

  • Though non-statutory, the ECI uses its constitutional authority to take disciplinary action-warnings, censure, transfer of officials, or even countermanding polls in extreme cases. 

  • The MCC remains in force from the announcement of the election schedule till the declaration of results. 

  • Judicial Endorsement and Expansion: 

  • ECI vs. State of Tamil Nadu (1993): Upheld ECI’s wide powers to ensure purity of elections. 

  • Subramaniam Balaji (2013): Directed ECI to include manifesto guidelines in MCC. 

  • Monitoring, Awareness, and Grievance Redressal: 

  • The ECI deploys general, expenditure, and police observers, and flying squads to ensure compliance. 

  • It has established a National Grievance Redressal System, Central Control Room, and online complaint portals for swift action on MCC violations. 

  • Through voter education programs like SVEEP, and outreach campaigns, ECI promotes awareness among citizens, parties, and candidates about ethical election conduct. 

  • Adapting to Technological Advancements: 

  • The ECI has expanded MCC guidelines to cover digital campaigning, social media, AI-generated content, and online advertisements. 

  • It mandates transparency tags on AI-generated political content and monitors fake news and proxy campaigning through digital surveillance mechanisms. 

  • Example: In 2024 Lok Sabha polls, ECI directed parties to label AI-generated deepfakes and partnered with Meta and X to curb misinformation under the Social Media Ethics Code. 

  • Ensuring Free and Fair Elections: 

  • Through the MCC, the ECI strives to: 

  • Maintain a level playing field between ruling and opposition parties. 

  • Prevent misuse of public office, funds, and media for electoral advantage. 

  • Uphold equality, impartiality, transparency, and accountability in the electoral process. 

  • Enforce neutrality by ensuring that government officials function under ECI control during elections. 

 Challenges in Implementation: 

  • Lack of legal backing leads to limited punitive powers. 

  • Delayed or weak responses reduce deterrence. 

  • Fake news, hate speech, and digital manipulation complicate enforcement. 

  • The ECI cannot disqualify candidates directly for MCC violations. 

  • Populist schemes and government advertisements before polls often violate MCC in spirit. 

 Way Forward: 

  • Legal Enforcement: As suggested by the 2013 Parliamentary Standing Committee, MCC could be incorporated into the Representation of the People Act, 1951 for partial statutory force. 

  • Law Commission (2015): Recommended banning government-funded advertisements six months prior to elections to ensure fairness. 

  • Technological Integration: Use of AI and data analytics to detect online violations. 

  • Strengthening ECI’s Independence: Grant autonomy similar to the CAG to enhance credibility and enforcement capability. 

  Conclusion: 

  • Despite challenges, the Election Commission of India, through the consensus-based Model Code of Conduct, has upheld its moral and constitutional authority to ensure free, fair, and transparent elections. Its robust monitoring mechanisms and evolving enforcement have strengthened electoral integrity, though issues like money power and criminalisation of politics persist.