Context: Questions have been raised regarding whether Prime Minister on public media violated the Model Code of Conduct (MCC) by using state resources for partisan messaging.
About Model Code of Conduct (MCC):
What it is?
- The Model Code of Conduct is a set of guidelines issued by the Election Commission of India (ECI) to regulate the conduct of political parties and candidates during elections.
- It is not a statutory law (passed by Parliament) but a consensus-based document that derives its authority from the EC’s constitutional powers under Article 324.
Origin & History:
- Kerala Beginnings (1960): The concept originated during the Kerala Assembly elections when the state administration drafted a code for political parties.
- Formalization (1968): The ECI formalized and circulated the code nationwide during the 1968-69 general elections.
- The 1979 Evolution: Part VII was added specifically to regulate the Party in Power, ensuring they do not use their official position for an unfair electoral advantage.
- The Seshan Era (1991): Former Chief Election Commissioner T.N. Seshan enforced the MCC with unprecedented strictness, transforming it into a powerful deterrent against electoral malpractice.
Aim:
- The primary objective of the MCC is to ensure Level Playing Field for all candidates.
- It seeks to prevent the ruling party from misusing state machinery and to ensure that election campaigns are conducted in a peaceful, orderly, and ethical manner without inciting communal or personal animosity.
Key Features:
- General Conduct: Parties and candidates are prohibited from activities that aggravate existing differences or create mutual hatred between different castes and communities.
- Part VII (Party in Power):
- Official Visits: Ministers shall not combine their official visits with electioneering work.
- Government Machinery: Public resources, including government transport (aircraft, vehicles), and personnel, must not be used for campaign purposes.
- Mass Media: Misuse of publicly funded media (Doordarshan, AIR, etc.) for partisan coverage or highlighting government achievements to influence voters is strictly prohibited.
- Meetings & Processions: Parties must inform local police of the venue and time of any proposed meeting to allow for proper security and traffic arrangements.
- Polling Day: Candidates must cooperate with election officers at polling booths and avoid campaigning within 100 meters of the polling station.
- Publicity: No advertisements at the cost of the public exchequer in newspapers or other media to influence prospects of the ruling party.
Significance:
- It ensures that the incumbency factor does not result in an unfair advantage, preserving the sanctity of the one person, one vote principle.
- While it lacks statutory backing, its enforcement through censure and public naming-and-shaming carries significant moral and political weight.
