Model Code of Conduct violations that ECI has flagged this election season

It is a busy time for the Election Commission of India (ECI), which is watching closely for violation of the Model Code of Conduct (MCC) that came into force on March 16. Though unconfirmed, the removal of Prime Minister Narendra Modi’s picture from CoWIN certificates for Covid-19 vaccinations is reportedly one such step taken under MCC. 

Here are some actions the ECI took under MCC this election season:

May 1: Barred former Telangana chief minister and Bharat Rashtra Samithi chief K Chandrashekar Rao from campaigning for 48 hours for making "derogatory and objectionable statements" against Congress in Sircilla.

April 29: Issued show cause notice to BJP MLA from North Tripura, Jadab Lal Nath, for allegedly misbehaving with booth-level worker on election day, April 26.

April 25: Issued notices to BJP president and Congress president on complaints against Prime Minister Modi and Congress leader Rahul Gandhi on their speeches. Both BJP and Congress had raised allegations of causing hatred and division based on religion, caste, community, or language.

April 16: In a first, ECI released its "position on enforcement of MCC"; said various political parties and candidates had filed about 200 complaints under MCC. "Of these, action has been taken in 169 cases," it said, adding that several suo moto actions were also taken, including transfer of officers in Punjab, Haryana and Assam because of their familial association with elected political representatives

April 15: Thiruvananthapuram MCC nodal officer issued warning to Congress leader Shashi Tharoor for making "unverified allegations" against BJP leader Rajeev Chandrasekhar.

March 21: In its first action under MCC this general election, directed the Centre against sending WhatsApp messages about Viksit Bharat. Centre replied saying the messages were sent on March 15, before MCC came into force.

What is Model Code of Conduct?

The Model Code of Conduct is a comprehensive set of guidelines aimed to preserve the principles of democracy and ensure the integrity of the electoral process. Formulated by the Election Commission, these rules delineate the dos and don'ts for stakeholders involved in the electoral arena.

Generally, these are implemented one month before the first phase of polling in elections or when the ECI announces the polling dates. As per the ECI, the model code of conduct was first observed during the 1960 polls in Kerala.

Legal action for MCC violation?

While MCC is not legally binding, violations can lead to legal repercussions under relevant electoral laws. These violations must be under the Indian Penal Code, 1860; Code of Criminal Procedure 1973, or Representation of the People Act, 1951.

The ECI may commonly send a "show cause notice" to the alleged party asking why an action should not be taken against them, and seek a response within the given time log. Failing this, the party will have to comply with the proceedings of the ECI based on the previous merits of the complaint.

While it may ban a candidate from campaigning for a while, the ECI has no judicial arm for enforcement.

Key tenets of Model Code of Conduct

Campaign ethics: The MCC lays down guidelines for ethical campaigning, prohibiting hate speech, personal attacks, and any form of incitement. It promotes issue-based discourse and urges parties to refrain from indulging in divisive rhetoric.

Fair resource utilisation: One of the pivotal aspects of the MCC is the equitable use of resources. It prohibits the misuse of government machinery for electoral gains to ensure a level playing field for all contestants.

Media neutrality: Upholding the principles of media neutrality, the MCC advocates for balanced and unbiased coverage of elections. It discourages paid news, propaganda, and any form of media manipulation that could sway public opinion.

Code of Conduct for officials: Government officials are expected to maintain impartiality and neutrality during the electoral process. The MCC mandates that civil servants refrain from engaging in partisan activities and ensure a conducive environment for free and fair elections.

Monitoring and enforcement: To ensure compliance, the ECI deploys a monitoring mechanism comprising election observers, flying squads, and other enforcement agencies.

Social media: Since 2019, ECI has kept social media posts by political parties and leaders under its vigil