BharatNotes What is Model Code of Conduct?
The Model Code of Conduct (MCC) is a set of norms issued by the Election Commission of India (ECI) to regulate the conduct of political parties, candidates and the governments in power during the election period. Its purpose is to ensure a level playing field and free and fair elections. The MCC is enforced under the ECI's powers of "superintendence, direction and control" of elections in Article 324 of the Constitution, but the code itself is not a law — it is a consensus-based document and is not directly legally enforceable.
The MCC traces back to the 1960 Kerala Assembly elections, where a voluntary code of conduct was first drafted. The ECI circulated it to recognised parties for the 1962 Lok Sabha elections, and it has since been revised several times (including in 2013).
Key Features and Coverage
The MCC contains eight parts covering the principal areas of electoral conduct:
| Part | Area covered |
|---|---|
| I | General conduct (no appeals to caste/communal feelings; no bribery, intimidation) |
| II | Meetings (prior intimation to police) |
| III | Processions |
| IV | Polling day |
| V | Polling booth |
| VI | Observers |
| VII | Party in power (no use of official machinery, no new schemes/grants) |
| VIII | Election manifestos |
The "party in power" provisions are central: ministers cannot combine official visits with campaigning, public funds cannot be used for partisan advertising, and no new schemes, grants or appointments may be announced once the MCC is in force.
When It Applies and Legal Status
The MCC comes into force immediately upon the announcement of the election schedule by the ECI and remains in operation until the electoral process is complete (declaration of results). While the code itself has no statutory teeth, many of its provisions can be enforced through existing laws — the Representation of the People Act, 1951, and provisions of the penal code (IPC, now the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024).
The manifesto guidelines (Part VIII) were added for the 2014 general elections after the Supreme Court, in S. Subramaniam Balaji v. State of Tamil Nadu (2013), directed the ECI to frame them. The Court held that manifesto promises (the "freebies" debate) do not amount to a "corrupt practice" under Section 123 of the RPA, but asked the ECI to issue guidelines on the contents of manifestos.
The Debate on Statutory Backing
A recurring reform question is whether the MCC should be made legally enforceable. The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (2013) and the Law Commission of India's 255th Report on Electoral Reforms (2015) both examined this. The Law Commission ultimately favoured retaining the MCC's non-statutory character, reasoning that the model code's strength lies in its swift, flexible enforcement during the short election window, whereas statutory enforcement would invite prolonged litigation and delay. The ECI has consistently preferred this view.
UPSC Angle
For Prelims, remember the MCC is non-statutory, is enforced under Article 324, kicks in on announcement of the schedule, and ends at result declaration. For Mains (GS2), frame it within electoral reforms — its effectiveness, the case for/against statutory status, and the freebies/manifesto controversy. Cross-link it with the RPA, 1951 and the ECI's constitutional position.
