Model Code of Conduct & its Evolution
Free and fair elections
form the bed rock of democracy. This envisages a level playing field for the
contestants and an equal opportunity for all parties for presenting their
policies and programmes to voters. In this context the Model Code of
Conduct(MCC) gains relevance. The MCC intends to provide a level playing field
for all political parties, keep the campaign fair and healthy, avoid clashes
and conflicts between parties, and ensure peace and order. It aims to ensure
that the ruling party, either at the Centre or in the states, does not misuse
its official position to gain an unfair advantage in an election. This
instrument is a major contribution of Indian electoral system to the cause of
democracy.
The MCC is a set of
norms for conduct and behavior on the part of the Parties and candidates, in
particular. The uniqueness of the MCC is the fact that this was a document that
originated and evolved with the consensus of the political parties. The origin
of the MCC dates back to 1960 when the MCC started as a small set of Dos and
Don’ts for the Assembly election in Kerala in 1960. The Code covered conducting
of election meetings/processions, speeches, slogans, posters and placards
(CEC-Shri K.V.K.Sundaram). In 1962 Lok Sabha General Elections, the Commission
circulated this code to all the recognized political parties and the State
Governments were requested to secure the acceptance of the Code by the Parties.
(CEC-Shri K.V.K.Sundaram). Report received after the 1962 general election
showed that the Code was followed by and large. In 1967, the Code was followed
in the Lok Sabha and Assembly elections.(CEC-Shri K.V.K.Sundaram).
Evolution of the MCC and
its implementation since 1967
· In 1968, the Election
Commission held meetings with political parties at State level and circulated
the Code of Conduct to observe minimum standard of behavior to ensure free and
fair elections. (CEC-Shri S.P. Sen Verma)
· In 1971-72, during
General Election to the House of the People/State Legislative Assemblies the
Commission circulated the Code again. (CEC-Shri S.P. Sen Verma)
· At the time of general
elections to some State Assemblies in 1974, the Commission issued the code of
conduct to the political parties in those States.
The Commission also suggested constituting committees at district
level headed by the District Collector and comprising representatives of
political parties as members for considering cases of violation of the code and
ensuring its compliance by all parties and candidates.
· For the 1977 Lok Sabha
general election, the Code was again circulated to the political parties. (CEC-Shri
T. Swaminathan).
· In 1979, Election
Commission, in consultation with the political parties further amplified the
code, adding a new Section placing restrictions on the “Party in power” so as
to prevent cases of abuse of position of power to get undue advantage over
other parties and candidates. (CEC-Shri S.L.Shakhdar)
· In 1991, the code was
consolidated and re-issued in its present form. (CEC-Shri
T.N.Seshan).
· The present code
contains guidelines for general conduct of political parties and candidates (no
attack on private life, no appeal to communal feelings, discipline and decorum
in meetings, processions, guidelines for party in power – official machinery
and facilities not to be used for electioneering, prohibition against Ministers
and other authorities in announcing grants, new schemes etc).
· Ministers and those
holding public offices are not allowed to combine official visits with
electioneering tours.
· Issue of advertisements
at the cost of public exchequer is prohibited.
· Grants, new schemes /
projects cannot be announced. Even the schemes that may have been announced
before the MCC came into force, but that has not actually taken off in terms of
implementation on field are also required to be put on hold.
· It is through such
restrictions that the advantage of being in power is blunted and the
contestants get the opportunity to fight on more or less equal terms.
· MCC has got the judicial
recognition of the highest court of land. The dispute over the date when the
Model Code of Conduct should come into force -- the issuance of the press
release by EC announcing the poll dates or the date of actual notification in
this regard was resolved in the Union of India Vs. Harbans Sigh Jalal
and Others [SLP (Civil) No.22724 of 1997)] decided on
26.04.2001. The apex court gave the ruling that the Code of Conduct would come
into force the moment the Commission issues the press release, which precedes
the notification by a good two weeks. This ruling lay at rest the controversy
related to the dates of enforcement of MCC. Thus the MCC remains in force from
the date of announcement of elections till the completion of elections.
Legal Status for Model
Code: Views of the Election Commission
There is an opinion in
certain quarters for providing legal status to MCC. The Election Commission
has, however, taken a stand against granting of such status to MCC. According
to the Commission bringing the MCC on the statute book will only be
counter-productive. In our country, elections are conducted within a very
limited time span according to a well laid down schedule. Normally, a general
election in a State is completed in about 45 days, from the day of announcement
of the election schedule by the Commission. Thus, the expedition and
promptness in dealing with the cases of violation of the model code of conduct
is of the essence. If no timely action is taken to curb the violations
and against the violators of the model code during the limited period when the
election process is on, the whole significance of the MCC would be lost and the
violator would be able to reap the benefit of such violation. If the model code
of conduct is converted into a law, this would mean that a complaint would lie
to the police/Magistrate. The procedures involved in judicial proceedings being
what they are, a decision on such complaints would most likely come only long
after the election is completed.
MCC is not a Hindrance
to Developmental activities
One often gets to hear
the complaint that the MCC is coming in the way of developmental activities.
However, even during the short period when MCC is in operation, the ongoing
development activities are not stopped and are allowed to proceed unhindered,
and only the new projects, etc. which have not taken off on the ground that
have to be deferred till the completion of elections. If there is
any work that cannot wait for any reason (relief work on account of any
calamity, etc), the matter can be referred to the Commission for clearance.
It is apt to refer to
the following passage from a very recent Judgment (dated 16.02.2012) of
the Allahabad High Court (Lucknow Bench) in Writ Petition No. 1361 of 2012 (Dr.
Nutan Thakur Vs. Election Commission of India):
‘It shall not be out of place to mention that
after election, peoples’ representatives discharge their obligation almost for
a period of five years. The elections are held at the fag end of their
tenure unless the assembly or Parliament is suspended or dissolved earlier.
While holding the office, it is always obligatory on the part of the peoples’
representative to discharge their obligation honestly and fairly to serve the
nation. In case they failed to discharge their obligation during their entire
term while in office or in opposition, then making statement as a measure of
allurement or appeasement to the peoples after issuance of Election
Notification, shall be nothing but an instance of unfair practice on their
part.’
No comments:
Post a Comment