According to the Electoral Commission of South Africa: an Electoral Code of Conduct aimed at promoting “conditions that are conducive to free and fair elections” and that create a climate of tolerance, free political campaigning, and open public debate. (IECSouthAfrica, 2024).
Historical Origins of the MCC:
The Bangalore Political Action Committee (B.PAC) in the article titled: A Code for Integrity: Understanding the Model Code of Conduct for Ethical Election, published on their website on the 25th of March, 2024 states:
“The roots of the Model Code of Conduct trace back to the Assembly elections of Kerala in 1960, where the State administration introduced a preliminary ‘Code of Conduct’ aimed at regulating the behaviour of political parties. This initiative gained momentum during the Lok Sabha elections in 1962, when the Election Commission of India (ECI) disseminated the code to all recognized political entities and State governments. Embraced wholeheartedly, it marked a significant step towards ensuring fairness and decorum in electoral processes.”
The Model Code of Conduct in India:
According to Singh and Roy (2019) in their book chapter entitled: ‘Election Time’ and the Model Code of Conduct which has been published in the book: Election Commission of India: Institutionalising Democratic Uncertainties:
“the Model Code of Conduct (MCC) as an innovation in electoral governance outside the framework of electoral laws as an expression of a ‘voluntary act of political morality and collective ethics’ by political parties.”
Premise 1:
Making use of state resources for election campaigning-
According to the Election Commission’s letter No.437/6/2007-PLN-III Dated : 23rd November, 2007 addressed to The Cabinet Secretary Government of India, the Chief Secretaries and the Chief Electoral Officers of all States and Union Territories:
As per the Office Memorandum bearing the “Subject: General Election to Lok Sabha Tours of Minister in Connection with election campaign”
It was clarified by the Ministry of Home Affairs:
“The undersigned is directed to say that whenever elections to the Lok Sabha are held, questions are invariably raised in Parliament about the tours undertaken by the Ministers in connection with the election campaign. In reply, as a general policy it has always been made clear that according to existing instructions, tours in connections with election campaign are not to be treated as official tours and that the services of Government officials cannot be utilized for party or election work…” (MCC Compendium Version 3, 2013, p. 157).
Premise 2:
Advertising on Cable TV-
According to the Election Commission’s letter No.509/75/2004/JS-I, dated 15.04.2004 addressed to the Chief Electoral Officers of all the States / Union Territories:
The EC in pursuance of the Order dated 13th April. 2004. of the Hon’ble Supreme Court in SLP ( C ) No. 6679 of 2004 (Ministry of Information and Broadcasting Vs. M/s. Gemini TV Pvt. Ltd. and others).
“2. It may be noted that the Commission has directed that for pre-viewing. scrutinizing and certifying advertisements to be telecast over TV channels and cable networks by any registered political party or by any group or organization / association, having headquarters in NCT of Delhi, the Chief Electoral Officer, Delhi is to constitute a Committee as directed in paragraph 6 (i) of the Order. Similarly, the Chief Electoral Officers of other States / Union Territories will constitute Committees for dealing with applications by political parties and other associations / groups with headquarters in their States / Union Territories, as per paragraph 6 (iii).” (MCC Compendium Version 3, 2013, p. 100).
Premise 3:
Personal References to Political Figures-
Vide the Election Commission’s letter No.437/6/2007(INST)-PLN-III Dated : 21st November, 2007 addressed to The Cabinet Secretary Government of India, the Chief Secretaries and the Chief Electoral Officers of all States and Union Territories:
“…the Commission has considered the question of various references currently available in the State Government websites/Ministerial official websites pertaining to several Department and Govt. Organization highlighting their achievements but eulogizing the same as personal achievements of Politicians / Ministers. The Commission has decided that during the period when model code of conduct is in force in connection with general election to the Lok Sabha /State Legislative Assemblies, all references to Ministers, Politicians or Political Parties available on such State Government /Central Government ‘s official websites, shall be taken off/ purged of.” (MCC Compendium Version 3, 2013, p. 85).
Voluntary Adherence to the MCC:
While the Model Code does not have the force of law and is largely seen as having only a moral force compelling ‘voluntary adherence’, it has come to assume the complementary legality. In the absence of any statutory backing, the Model Code occupies, however, fuzzy grounds with regard to both its authoritative character and certainty of implementation.
MODEL CODE OF CONDUCT FOR THE GUIDANCE OF POLITICAL PARTIES AND CANDIDATES:
I. General Conduct
(2) Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
(4) All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station.
Offences under the Representation of People Act, 1951:
Section 125. Promoting enmity between classes in connection with election.—
Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.
Section 127A. Restrictions on the printing of pamphlets, posters, etc.—
(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
The writer is a Doctoral Researcher working under the Alliance of European Universities and has presented his research works at various Academic Conferences
