Model Code of Conduct & Election Process — ECI, EVM, VVPAT

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

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:

1. Flying Squads and Static Surveillance Teams — monitor campaign violations, cash and liquor movement
2. Complaints to ECI — parties and citizens can report MCC violations; ECI issues notices to violators
3. Censuring candidates and parties for violations (with public statements)
4. Directing removal of campaign materials, banners, and illegal hoardings
5. 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

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

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