BharatNotes Constitutional and Legal Basis
The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) under its plenary powers vested by Article 324 of the Constitution (superintendence, direction, and control of elections). The MCC is not a statutory document — it has no dedicated legislation — but it gains enforceability through the Representation of People Act, 1951, the Indian Penal Code (IPC), and the Code of Criminal Procedure (CrPC).
Origin and Evolution
| Year | Development |
|---|---|
| 1960 | Kerala state administration drafted a 'Code of Conduct' for the state Assembly elections — the first such code in India |
| 1962 | ECI circulated the code to all recognised parties and State governments for the Lok Sabha elections — voluntarily followed |
| 1968 | ECI formally issued the code as 'Minimum Code of Conduct' for the Mid-Term Elections 1968–69 |
| 1979, 1982, 1991, 2013 | Progressive revisions to expand coverage and provisions |
| Present | Comprehensive MCC enforced from date of election schedule announcement to result declaration |
When Does the MCC Apply?
The MCC comes into force the moment the election schedule is announced by the ECI and remains in operation until the date results are declared.
During the 2024 Lok Sabha elections, the MCC came into force on 16 March 2024 (when the schedule was announced) and was lifted on 6 June 2024 (after results).
Key Provisions of the MCC
General Conduct
- No party or candidate shall engage in activities that aggravate communal tensions or create hatred between castes, communities, religions, or linguistic groups
- Criticism of opponents must be based on policies and past record — personal attacks and unverified allegations prohibited
- No appeals to religion, caste, or communal feelings to canvass votes
Meetings and Processions
- Prior permission required from local police for holding meetings or processions
- Parties must inform police of routes, timing, and venues in advance
- Use of loudspeakers regulated by local authorities
Polling Day Conduct
- Parties cannot distribute liquor on polling day or 48 hours before
- Booths/polling stations cannot display party symbols or propaganda material
- Vehicle movement for carrying voters can be restricted by ECI
Government (Ruling Party) Restrictions
The ruling party and government cannot, once MCC is in force:
- Announce new schemes, policies, or financial grants that could influence voters
- Promise construction of roads, public facilities or infrastructure as inducements
- Make ad hoc appointments to government or public undertakings
- Use government machinery (vehicles, officials, premises) for campaign activities
- Ministers cannot combine official tours with election campaigning
Election Manifesto Guidelines (added 2013)
- Parties should explain the rationale and financial implications of promises made in manifestos
- Freebies that unduly influence voters are discouraged (though no statutory ban exists)
Enforcement by ECI
The ECI enforces the MCC through:
- Flying Squads and Static Surveillance Teams — monitor campaign violations, cash and liquor movement
- Complaints to ECI — parties and citizens can report MCC violations; ECI issues notices to violators
- Censuring candidates and parties for violations (with public statements)
- Directing removal of campaign materials, banners, and illegal hoardings
- Invoking criminal provisions of IPC, RPA 1951, and CrPC for serious violations
Limitation: ECI cannot impose criminal penalties directly — it works through the police and judiciary. For violation of the "government restraints" provisions, ECI can issue directives but lacks contempt powers.
Election Process: Key Steps
| Stage | Details |
|---|---|
| Announcement | ECI announces election schedule; MCC kicks in immediately |
| Notification | Official gazette notification for each constituency |
| Filing nominations | Candidates file before Returning Officers |
| Scrutiny | Validity of nominations checked |
| Withdrawal | Last date for withdrawal of candidatures |
| Campaigning | 2-week campaign period; silence period of 48 hours before polling |
| Polling | EVM-based voting; VVPAT machines used at every booth |
| Counting | EVM results tallied; VVPAT slip comparison for random sample |
| Result declaration | ECI certifies results; MCC lifted |
Electronic Voting Machines (EVM)
EVMs were introduced in Indian elections in 1982 (experimental use in Kerala) and fully adopted from 2004 Lok Sabha elections onwards.
Features:
- Standalone, non-networked machines — cannot be remotely hacked
- Manufactured by Bharat Electronics Limited (BEL) and Electronics Corporation of India (ECIL)
- Battery-operated — no connection to external power or internet
- Balloting Unit (BU) — voter-facing unit with candidate buttons
- Control Unit (CU) — with polling officer; tallies votes; stores encrypted data
VVPAT (Voter-Verified Paper Audit Trail)
VVPAT machines are attached to EVMs and provide a paper slip confirmation to the voter — showing the party symbol and candidate name voted for. The slip is visible for 7 seconds behind a glass screen before dropping into a sealed compartment.
Introduced: Piloted in 2013 (Noksen by-election, Nagaland); used universally from 2019 Lok Sabha elections.
Purpose: Provide a physical verifiable record independent of the EVM's electronic tally — enabling post-election audit.
Verification standard: Currently, 5 random EVMs per constituency have their VVPAT slips counted and cross-checked with EVM tallies.
2024 Supreme Court Ruling on VVPAT
On 26 April 2024, the Supreme Court unanimously rejected the plea by the Association for Democratic Reforms (ADR) seeking 100% VVPAT verification, holding that:
- EVMs are secure and tamper-proof
- Random VVPAT verification (5 per constituency) is statistically sufficient
- Returning to paper ballots would be regressive
Key Controversies
| Issue | Description |
|---|---|
| MCC as voluntary code | MCC has no statutory backing — enforcement depends on ECI's moral authority and political compliance |
| Freebies (Revadi culture) | MCC guidelines on manifestos are weak — parties continue to promise freebies; SC has noted the issue (S. Subramaniam Balaji case, 2013) |
| Government scheme announcements | Thin line between governance and election campaigning — ruling parties often defend new announcements as routine governance |
| VVPAT controversy (2024) | Allegations of EVMs recording extra votes in mock polls (Kasaragod, 2024) — inquiry attributed to procedural error during commissioning |
| Simultaneous elections (One Nation One Election) | High-Level Committee (Chairman: Ram Nath Kovind, 2024) recommended holding Lok Sabha and State elections simultaneously — would change MCC dynamics significantly |
Recent Developments (2024–2026)
18th Lok Sabha Elections — MCC in Force for 78 Days (April–June 2024)
The Model Code of Conduct came into force on 16 March 2024 (when the election schedule was announced) and remained in force until 4 June 2024 (when results were declared) — a period of approximately 78 days. During this period, the ECI issued notices to political leaders for alleged MCC violations including hate speech, communal remarks, and announcement of welfare schemes during the campaign.
The ECI received over 2.75 crore complaints through its CVigil mobile app during the 2024 general election campaign — the highest ever — demonstrating citizen engagement in election monitoring.
UPSC angle: Prelims — MCC came into force 16 March 2024; 78 days; CVigil app. Mains — critically assess the ECI's enforcement of the MCC in the 2024 elections; should the MCC be given statutory backing to improve enforceability?
New CEC Gyanesh Kumar — First Appointment Under 2023 Act (February 2025)
Gyanesh Kumar (1988 Kerala cadre IAS) was appointed as Chief Election Commissioner on 19 February 2025 — the first CEC appointment under the CEC & ECs Act, 2023. The selection committee comprised PM Narendra Modi, Home Minister Amit Shah, and Leader of Opposition Rahul Gandhi. This was the first time the Leader of Opposition formally participated in CEC appointment under the new statutory framework.
The election management decisions under CEC Kumar — including conduct of Bihar, West Bengal, and Delhi elections — will be closely watched as the first electoral cycle fully under the 2023 Act.
UPSC angle: Prelims — Gyanesh Kumar, CEC from 19 February 2025; first CEC under 2023 Act; Selection Committee (PM + HM + LoP); 1988 Kerala cadre IAS. Mains — how does the 2023 Act's selection process compare with the model required by the Anoop Baranwal judgment? Evaluate the implications for ECI independence.
VVPAT Audit — SC Ruling Maintains Current System (April 2024)
In April 2024, the Supreme Court (Justices Sanjiv Khanna and Dipankar Datta) declined petitions demanding 100% counting of VVPAT slips to verify EVM results. The Court held that the existing system (matching 5 randomly selected EVMs per Assembly segment) was adequate and found no evidence of EVM tampering. The Court also directed the ECI to seal EVMs and allow candidates to have EVMs checked by engineers within 7 days after results.
This is an important recent development for the MCC and election process: the Supreme Court's endorsement of the existing VVPAT audit mechanism settles the legal debate, at least for now.
UPSC angle: Prelims — SC (April 2024) declined 100% VVPAT count; current system: 5 EVMs/assembly segment; ADR v. ECI (2024). Mains — evaluate the adequacy of VVPAT as a safeguard against EVM tampering; assess whether judicial deference to the ECI's technical choices is appropriate.
Exam Relevance
Prelims traps:
- MCC has no statutory basis — enforced through ECI's Article 324 powers + IPC/CrPC/RPA
- MCC originated in Kerala in 1960 — not at the national level
- VVPAT introduced universally in 2019 Lok Sabha elections (piloted 2013)
- EVMs fully adopted nationally from 2004 Lok Sabha elections
- The MCC binds parties and candidates — not private citizens
Mains angles:
- MCC as a tool for levelling the playing field vs critique of weak enforcement
- Role of ECI in free and fair elections — Article 324 and beyond
- EVM debate: technological trustworthiness vs public perception issues
- VVPAT — balancing transparency with the cost and time of full verification
- One Nation One Election — constitutional implications for federalism and MCC duration
