Retired officials rehired also come under model code: EC

Why in the News

Restrictions under the Model Code of Conduct (MCC) have moved from covering serving government officials alone to also covering retired officials whom State governments have employed again. The Election Commission of India (ECI) has issued the direction to five States where Assembly elections are expected early in 2027. It fills a gap, since no specific rules governed the political neutrality of such retirees during elections.

What is the Model Code of Conduct, and whom does it bind?

1. What it is: The MCC is a set of norms the ECI enforces on parties, candidates and governments during an election. It works like fair play rules applied by an umpire.
2. MCC period: The code operates during the “MCC period“, which begins once an election is announced.
3. Why officials are covered: Officials run the election on the ground, so their political neutrality stops the party in government from gaining an unfair advantage.
4. Government funded bodies: The MCC applies to “all organisations/committees, corporations/commissions, etc. funded wholly or partially by the Government, and their employees”.
5. The takeaway: A neutrality rule works only if it covers everyone who can use official authority during an election.

What gap did the ECI find?

1. Existing instructions: Earlier ECI instructions bar government employees from taking part in election campaigns or supporting any individual or party.
2. State Conduct Rules: The Conduct Rules of the States prohibit government servants from taking part in political activities and elections.
3. Retirees left out: States engage retired employees again in various capacities. The ECI found “no specific guidelines or rules relating to their political neutrality and conduct during MCC period”.
4. Complaints of misuse: The decision followed complaints of misuse of official positions.

What has the ECI directed?

1. Same restrictions: The “restrictions and prohibitions applicable to Government Servants” shall apply to such retirees during the MCC period.
2. No campaigning: Such retirees must not take part in any election campaign or lend their names to any political party or individual.
3. No summoning of election officers: Such retirees “shall not summon any election-related officer” of a constituency or district where elections have been announced for official discussions or meetings.
4. No video conferences: Such retirees may not hold video conferences or meetings with any such officer.
5. Consequences: Any act or omission against the directions “shall be viewed seriously”, and States must ensure strict compliance.

Where does the direction apply, and how far have election preparations gone?

1. Five States: The letter went to the Chief Secretaries and Chief Electoral Officers (CEOs) of Goa, Manipur, Punjab, Uttar Pradesh and Uttarakhand.
2. Preparations under way: Teams of senior ECI officials have been visiting these States.
3. Commission visit: The three member Commission usually visits a State before the election is announced.

Challenges

1. No statutory backing: The MCC is not a law, so the ECI enforces it through its own directions under Article 324.
2. Outside service rules: Conduct Rules are written for serving government servants, so action against a retired appointee has to rest on the ECI’s direction.
3. Unnamed penalty: The direction names no specific penalty for a violation.
4. Limited period: The curbs apply only after elections are announced, not during the months of preparation before.

Way Forward

1. State level orders: Chief Secretaries should list every retired official engaged again and communicate the curbs to each in writing.
2. Terms of engagement: State governments should write political neutrality during elections into the terms of such appointments.
3. Complaint channel: CEOs should accept complaints against such appointees through the ECI’s cVIGIL app.
4. Named consequences: The ECI should specify consequences, such as removal from the assignment for the election period.

Conclusion

The direction now stands for the poll bound States and widens who must stay politically neutral during elections. Its first test comes when the Assembly elections are announced and the MCC period begins.

Matching Previous Year Question

“[2022, GS2, 15 marks] Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.”