Model Code of Conduct

The Election Commission of India (ECI) has enforced the Model Code of Conduct (MCC) following the announcement of the 2026 Assembly elections in Assam, Kerala, Tamil Nadu, West Bengal, and the Union Territory of Puducherry, along with several bye-elections.

With this announcement, the MCC has come into immediate effect, ensuring a level playing field and preventing the misuse of government machinery by the ruling party. MCC is essential for maintaining free and fair elections in India.

What is the Model Code of Conduct?

The Model Code of Conduct is a set of guidelines issued by the ECI to regulate the behaviour of political parties, candidates, and the government during elections. Its primary objective is to ensure fairness, maintain public order, and prevent undue advantage to the party in power. MCC safeguards the integrity and neutrality of the electoral process.

Legal Status and Enforceability

The MCC does not have direct statutory backing and is not a law. Instead, it operates as a moral code based on political consensus. However, it is enforced by the ECI under Article 324 of the Constitution, which gives the Commission authority over elections.

Certain violations of MCC, such as bribery or intimidation, are punishable under laws like the Representation of the People Act 1951 and the Bharatiya Nyaya Sanhita 2023.MCC relies on constitutional authority and existing laws rather than being a standalone statute.

Duration and Evolution

The MCC comes into force immediately after the announcement of election dates and remains in effect until the declaration of results.

It originated during the 1960 Kerala Assembly elections as a voluntary agreement among political parties and was formally developed in 1979. Its strict enforcement began in 1991 under T N Seshan, transforming it into a powerful instrument for ensuring electoral discipline.MCC has evolved from a voluntary code into a strong regulatory mechanism.

Key Provisions of the MCC

The MCC lays down detailed guidelines for election conduct. It prohibits activities that promote communal tension or appeal to caste and religion for votes, and bans the use of places of worship for political campaigning.

Political parties must inform authorities before holding meetings or processions, ensuring law and order. On polling day, campaigning is prohibited within 100 metres of polling booths, and unauthorized persons are not allowed inside.

For the ruling party, strict rules apply: ministers cannot combine official visits with election campaigns, and no new schemes, grants, or appointments can be announced during this period.

Election manifestos must be realistic and financially justified, following the Supreme Court’s guidelines in the S Subramaniam Balaji vs Government of Tamil Nadu case. MCC ensures ethical campaigning and prevents misuse of power.

Technological Initiatives by ECI

The ECI has introduced several digital tools to strengthen MCC enforcement. The c VIGIL app allows citizens to report violations in real time, with action required within 100 minutes.

The SUVIDHA platform ensures transparent allocation of public spaces for campaigning on a first-come-first-served basis. Additionally, a Voluntary Code of Ethics (2019) with social media companies like Meta, Google, and X aims to address online violations during the 48-hour silence period.

Contemporary Challenges

Despite its importance, the MCC faces several challenges. One major issue is the lack of statutory backing, which limits the ECI’s ability to impose strict penalties, leading to the perception of it being a “tiger without teeth.”

The rise of digital misinformation, deepfakes, and surrogate advertising has made enforcement more difficult. Encrypted platforms like WhatsApp enable the spread of propaganda beyond regulatory oversight.

Another challenge is the “freebies” debate, where distinguishing welfare measures from electoral inducements remains complex. Delays in legal proceedings and allegations of biased or delayed action further weaken public trust.

Measures to Strengthen MCC

To enhance effectiveness, several reforms are needed. Granting the ECI power to deregister political parties for repeated violations would strengthen enforcement. Providing statutory backing to MCC, as suggested by committees like the Dinesh Goswami Committee, would make it legally binding.

There is also a need to regulate paid news and digital surrogate advertising, expand the 48-hour silence period to online platforms, and establish fast-track election tribunals for quick resolution of violations.

Further, introducing mandatory AI watermarking, stricter rules for social media platforms, and caps on political party expenditure can improve transparency.

Conclusion

In conclusion, the Model Code of Conduct plays a vital role in ensuring free and fair elections in India. However, its effectiveness depends on timely enforcement and institutional strength.