Mentor’s Comment

The Model Code of Conduct (MCC) represents India’s democratic conscience. It is a self-imposed ethical framework ensuring that elections are fought on fairness, not power misuse. Yet, the political ingenuity in bypassing it reflects a deeper erosion of moral restraint in governance. With recent welfare disbursements in Bihar triggering debate, the MCC stands at a crossroads between relevance and redundancy.

Introduction

The Model Code of Conduct is an ethical framework evolved through consensus among political parties to ensure level competition during elections. It prevents the misuse of official machinery, state resources, and authority to influence voters. However, repeated violations especially by governments announcing pre-poll cash transfers or populist projects show that while the MCC binds in letter, its spirit is increasingly compromised.

Why in the News

The Mukhyamantri Mahila Rojgar Yojana (MMRY) launched in Bihar in August 2025 has reignited the debate over MCC violations. Cash disbursements continued into late October and early November, overlapping with the election schedule. Though legally permissible, the scheme’s timing tilted public perception toward favouring the ruling party, raising serious concerns about the sanctity of the electoral process. The controversy marks another instance where governments use public funds to gain electoral mileage, undermining the spirit of the MCC.

Genesis and Purpose of the MCC

1. Origin and Evolution: The MCC was first used during the 1960 Assembly elections in Kerala, and later adopted nationwide by the Election Commission of India (ECI) during the 1962 general elections.
2. Consensus Document: It was not enacted by Parliament but evolved through agreement among political parties.
3. Formal Enforcement: The Model Code of Conduct was first issued by the Election Commission of India under the title of ‘Minimum Code of Conduct’ on September 26, 1968 during the Mid-Term Elections 1968-69. The code was further revised in 1979, 1982, 1991 and 2013
4. Core Purpose: Ensures free, fair, and peaceful elections by preventing misuse of government machinery and undue influence over voters.

When It Is Applicable and Who Enforces It

1. Trigger Point: The MCC comes into effect immediately from the date the Election Commission announces the election schedule.
2. Duration: It remains in force until the declaration of election results.
3. Enforcing Authority: The Election Commission of India is the sole authority for its enforcement and interpretation.
4. Withdrawal: The MCC automatically ceases once the results are officially declared by the ECI.

What Gets Suspended Under the MCC

1. Policy Announcements: Ministers and authorities cannot announce new projects, financial grants, or inaugurate schemes that may influence voters.
2. Public Advertisements: No use of government funds for publicity of achievements or campaigns during this period.
3. Transfers and Appointments: Major administrative transfers or appointments in departments are prohibited unless approved by the EC.
4. Use of Official Machinery: Government vehicles, buildings, and personnel cannot be used for electioneering.
5. Foundation Stones or Inaugurations: These are disallowed if they could project partisan benefit.

What Is Permitted During MCC

1. Ongoing Projects: Continuing existing schemes and projects (initiated before MCC enforcement) is allowed if there’s no modification or new announcement.
2. Routine Governance: Day-to-day administration and delivery of essential services can continue.
3. Emergency Actions: Governments can act during natural disasters or emergencies with EC approval.
4. Election Campaigning: Political parties are free to campaign, release manifestos, and address voters, provided they follow EC guidelines on ethics and expenditure.

The Challenge of “Violations in Spirit”

Despite the clarity of rules, violations persist:

1. Cash Schemes: Governments frequently announce last-minute transfers to favourable groups.
2. Symbolic Launches: Old projects are rebranded as new initiatives to gain media traction.
3. Moral Erosion: Such acts violate the spirit of fairness, reducing elections to a contest of resource deployment rather than ideas.
4. Quote Insight: As Shakespeare’s Hamlet said, the MCC is often “more honoured in the breach than in the observance.”

Legal Status and Enforcement Issues

1. Voluntary Nature: The MCC is a moral code, not a legal statute.
2. Legal Overlap: Specific violations may be prosecuted under the Representation of the People Act, 1951, or Indian Penal Code (IPC).
3. 2013 Standing Committee View: Recommended making MCC legally binding, but EC preferred flexibility due to the short election window.
4. Judicial Constraints: Courts find it difficult to act swiftly during elections, leaving real-time violations unchecked.

Impact on Democratic Integrity

1. Erosion of Level Playing Field: Pre-poll welfare schemes distort voter perception.
2. Loss of Trust: Frequent violations weaken public confidence in EC neutrality.
3. Ethical Degradation: Turning elections into transactional exercises undermines constitutional morality.
4. Institutional Burden: Constant MCC imposition hampers governance continuity, hence the push for simultaneous elections.

Way Forward

1. Legal Backing with Flexibility: Grant partial statutory status to the MCC to enhance enforceability while retaining EC’s discretion for quick decisions during elections.
2. Swift Adjudication Mechanism: Establish fast-track EC tribunals for resolving MCC violation complaints within days, not weeks.
3. Transparent Public Disclosure: Mandate real-time publication of EC orders and violations to ensure accountability and deter misconduct.
4. Institutional Empowerment: Strengthen EC’s independence by insulating it from executive interference in appointments and funding.
5. Ethical Political Culture: Political parties should adopt internal codes of ethics and conduct public pledges to uphold MCC principles.
6. Simultaneous Elections Debate: Explore synchronizing elections to reduce frequent MCC enforcement disruptions and policy paralysis.
7. Civic Awareness: Promote voter education campaigns to build public pressure against MCC violations and ethical breaches.

Conclusion

The Model Code of Conduct is not just an election rulebook, it is a mirror reflecting the ethical health of Indian democracy. When leaders manipulate it, they erode not just electoral fairness but the foundational trust between citizen and state. The MCC must therefore be strengthened, through legal clarity, swift EC action, and moral political leadership, so that it remains a living instrument of democracy, not a symbolic ritual.

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