Model Code of Conduct in India: Ensuring Fair Elections, Key Challenges & Reforms Explained
Context: The editorial discusses how recent welfare announcements—like Bihar’s Mukhyamantri Mahila Rojgar Yojana launched just before the 2025 elections—violate the Model Code of Conduct (MCC) in spirit. It questions the effectiveness of the MCC, a non-statutory code enforced by the Election Commission under Article 324, and debates whether it should be given legal backing or reformed to prevent misuse of government schemes during elections.
“However good a Constitution may be, it is sure to turn out bad because those who are called to work it happen to be a bad lot”
What is the MCC?
- The MCC is a non-statutory code issued by the ECI to ensure a level playing field from the date of election announcement till results. Its force comes from Article 324 (superintendence, direction and control of elections) and decades of instructions/compendia the ECI issues and updates. Election Commission of India+1
Scope & Core Clauses
- General conduct: No communal/caste appeals; avoid corrupt practices; respect silence period. Chief Electoral Officer Delhi
- Party in power: No new schemes, grants, foundation stones, ad blitz using public money that can influence voters; no use of official machinery for campaign. Chief Electoral Officer Delhi
- Manifestos: Must avoid promises that vitiate equity & fiscal sustainability; 2015+ instructions consolidated in 2024 compendium. CEO Odisha
- Advertising & govt resources: Strict controls on gov’t ads, vehicles, transfers/postings once MCC is in force. CEO Odisha
Why it matters ?
- The MCC operationalises free & fair elections—a basic feature—by plugging gaps not expressly covered by statute (RP Act, 1951). ECI leverages Art. 324 to issue binding directions to stakeholders during the brief electoral window. PRS Legislative Research
Case-Studies & Precedents
1) “Freebies” & Manifesto Promises
- S. Subramaniam Balaji v. State of Tamil Nadu (2013): SC held that promises in party manifestos are not per se ‘corrupt practices’ under Section 123 RPA, though ECI can frame manifesto guidelines. This narrowed direct statutory attack on “freebies”. Supreme Court Observer
- 2022–24 developments: A series of petitions urged re-examination; SC issued notices to Centre/ECI and referred the freebies issue to a larger bench, flagging fiscal risks and democratic distortion. (Process ongoing). SCC Online+2Scroll.in+2
2) Bihar’s Mukhyamantri Mahila Rojgar Yojana (MMRY), 2025
- Timeline: Bihar Cabinet cleared the scheme in Sept 2025; ₹10,000 DBT per beneficiary; PM transferred ₹7,500 cr to 75 lakh women on Sept 26, 2025; additional support up to ₹2 lakh announced. Elections scheduled in early November. Reuters+3The Times of India+3Press Information Bureau+3
- MCC question: Government calls it an “ongoing scheme”; critics argue timing + scale tilt the level playing field. This is a textbook “letter vs spirit” friction in MCC enforcement.
3) Cinema & Campaign Influence: PM Biopic / NaMo TV, 2019
- ECI barred the release of a biopic on the sitting PM during MCC and said the restraint order applied to NaMo TV—to preserve neutrality. The Times of India+3Election Commission of India+3Business Today+3
4) Defence Imagery in Campaigns, 2019
- ECI advised parties not to use photographs/events of defence personnel for political propaganda—upholding the apolitical character of the armed forces. Election Commission of India+2www.ndtv.com+2
5) Transfers & “Level Field” Orders, 2024 LS Polls
- After MCC, ECI reassigned DMs/SPs and published suo motu enforcement reports (high disposal rate of complaints; focus on inducement-free, low-noise campaigns). Press Information Bureau+2Elections 24+2
Where the law actually bites?
Even though MCC isn’t a law, violations often map onto existing statutes:
- RP Act, 1951:
- S.123 (corrupt practices: bribery, undue influence etc.),
- S.126 (silence period—48 hours),
- S.127A (printing of pamphlets/handbills with publisher details). PRS Legislative Research
- IPC Chapter IX-A: 171B-E (bribery, undue influence, personation). (Explained in ECI compendia for field officers.) CEO Odisha
Persistent Pain-Points
- Letter vs Spirit gap: Welfare launches labelled “ongoing schemes” keep happening during MCC (Bihar 2025 example). PM India+1
- Speed vs Due Process: ECI needs swift compliance within ~45 days, while litigation drags on.
- Surrogate campaigning: Films, platforms, gov’t advertising, and social media require agile, tech-savvy enforcement. Business Today
- Uneven local enforcement: Civil society has flagged field-level laxity in some by-elections. The Times of India
Reform Menu
| Reform | What it means | Pros | Cons / Risks |
|---|---|---|---|
| Give MCC limited statutory teeth (select provisions into RPA/Rules) | Codify only enforceable parts (e.g., gov’t ads, transfers, manifesto disclaimers) | Clear penalties, deterrence | Court delays; over-legalisation may reduce ECI agility. Elections TN |
| Time-bound ECI quasi-judicial panels during polls | 24–72 hr disposal with speaking orders | Speed + transparency | Capacity constraints |
| Sharper manifesto rules | Fiscal disclosure, funding source, outcome metrics | Voter information improves | Constitutional free-speech concerns; Balaji precedent. Supreme Court Observer |
| Pre-notified “permitted list” for ongoing schemes | Publish a whitelist (purely routine/benefit cycles) | Cuts discretion & dispute | Complex to design across States |
| Tech-enabled ad & social monitoring | Central dashboard for gov’t ad stoppage, influencer disclosures | Limits surrogate influence | Platform compliance issues |
Note: A 2013 Parliamentary Standing Committee had favoured giving MCC legal backing; ECI historically prefers instruction-based flexibility citing the short poll window—hence the push-and-pull continues. (For legislative committee coverage and summaries, see PRS/committee documents.) PRS Legislative Research
Link to “Simultaneous Elections” debate
One argument for “One Nation, One Election” is to reduce MCC frequency and governance interruptions. The Law Commission (2018) examined feasibility pathways; still contested constitutionally/logistically. Even with fewer elections, MCC-spirit issues (timed welfare blitz, ad ethics) would persist unless addressed directly.