Model Code of Conduct (MCC)

07.11.2025

Model Code of Conduct (MCC)

Context                    
 The Model Code of Conduct (MCC) came under scrutiny during the Bihar elections after welfare disbursals overlapped with polling dates, sparking concerns about misuse of state power and fairness in elections.

About the News

Background:
 The MCC, issued by the Election Commission of India (ECI), ensures free and fair elections by regulating the conduct of political parties and candidates. The Bihar case highlights recurring issues when populist schemes coincide with election periods.

Election Commission’s Observations:

• The MCC maintains a level playing field and prevents misuse of administrative machinery.
   
• Timing of new schemes must not sway voter sentiment.
   
• Compliance with MCC is vital for protecting electoral integrity and democratic trust.
   

Constitutional and Legal Framework

Constitutional Basis:
 Although not legally binding, the MCC draws authority from Articles 324–329, empowering the ECI to supervise elections.

Key Provisions:

• Article 324: Grants ECI control over elections.
   
• Article 14: Ensures equality and fairness.
   
• Article 19(1)(a): Protects campaign speech, within limits.
   

Judicial Backing:

• S. Subramaniam Balaji v. Tamil Nadu (2013): Directed ECI to curb freebies.
   
• Union of India v. ADR (2002): Upheld voters’ right to know candidates’ details.
   
• Indira Gandhi v. Raj Narain (1975): Declared free elections as part of the Constitution’s basic structure.
   

Historical Evolution

• 1960: Originated in Kerala Assembly elections as a voluntary code.
   
• 1962: Adopted nationwide during Lok Sabha polls.
   
• 1979–1991: Gained institutional authority through successive elections.
   
• 2013: Refined post-Balaji case with specific rules on manifestos and freebies.
   

Key Features of the MCC

• General Conduct: Bans communal or personal attacks and religious propaganda.
   
• Party in Power: Restricts new schemes, grants, or appointments post-election announcement.
   
• Campaign Ethics: Prohibits bribery, liquor distribution, or intimidation.
   
• Government Machinery: Prevents use of public resources for partisan purposes.
   
• Manifestos: Must justify financial feasibility of promises.
   
• Meetings & Processions: Require prior permission to maintain order.
   

Significance

• Upholds electoral integrity and public trust.
   
• Prevents misuse of state machinery and populist excesses.
   
• Promotes ethical competition and policy-based campaigns.
   

Challenges

• No Legal Force: Lacks statutory backing, limiting ECI’s punitive power.
   
• Welfare Overlap: Existing schemes often rebranded during polls.
   
• Delayed Action: Legal cases extend beyond elections.
   
• Digital Manipulation: Deepfakes and social media propaganda escape control.
   
• Political Resistance: Ruling parties resist stricter enforcement.
   
• Weak Deterrence: Minimal penalties encourage repeated violations.
   

Way Forward

1. Statutory Status: Enact an MCC Act under the Representation of People Act, 1951.
    
2. Fast-Track Tribunals: Resolve MCC disputes within election timelines.
    
3. AI & Digital Monitoring: Track hate speech, deepfakes, and misinformation.
    
4. Transparency: Publish all MCC violation reports within 48 hours.
    
5. Voter Awareness: Educate citizens on MCC rights and fair election standards.
    
6. Ethics Training: Mandate leadership programs for political representatives.
    

Conclusion
 The MCC is the moral backbone of India’s elections. To ensure its effectiveness, it must gain statutory strength and adapt to digital-era challenges—thereby preserving electoral fairness and democratic integrity.