Analyzing the Malleability and Violations of the Model Code of Conduct in Indian Elections
The article discusses the Model Code of Conduct (MCC), a voluntary set of norms for political parties during elections. While it aims to ensure a level playing field, the author argues that it is often breached in spirit, especially through the announcement of 'ongoing' welfare schemes just before elections. The MCC is not legally binding, though some provisions can be enforced through the IPC or RP Act 1951. The article highlights the debate over making the MCC legally binding and the challenges posed by 'cash politics' and populist schemes like Bihar's MMRY, which can influence voters.
Key Points
- The MCC is operational from the date of election announcement until the declaration of results to ensure fair competition.
- It is a voluntary set of norms and is not legally enforceable on its own, though specific violations can attract criminal charges under other laws.
- The 2013 Standing Committee on Personnel, Public Grievances, Law and Justice recommended making the MCC legally binding, but the Election Commission opposed it.
- Successive governments are accused of breaking the spirit of the MCC by launching major financial grants or projects just before election dates are announced.
Exam Facts
- Representation of the People Act, 1951 (RP Act) contains provisions that can enforce certain MCC violations.
- The MCC began to be implemented strictly in the 1990s by the Election Commission of India.
- The Mukhyamantri Mahila Rojgar Yojana (MMRY) in Bihar is cited as an example of a scheme launched close to elections.
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