CURRENT-AFFAIRS

General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations

Context

Free and fair elections are the soul of Indian democracy, but in current times, the increasing trend of 'cash, gifts, and populist announcements' has become a serious existential crisis for the country's electoral system. Historically, the Election Commission has attempted to curb this through the Model Code of Conduct, but the modern manifestation of money power now demands policy reforms and strict administrative vigilance.

Model Code of Conduct

The Model Code of Conduct (MCC) is a 'set of guidelines' developed through the consensus of political parties and candidates by the Election Commission. It is not a statutory law, but upon its violation, the Election Commission can take strict action under the 'Representation of the People Act, 1951'.

• General Conduct

These rules regulate the behavior of candidates and parties:

• Religious/Caste Appeal: No party or candidate shall appeal for votes on the basis of caste, community, or religion.
• Limits of Criticism: Criticism of political parties should be limited to their past record and policies. Commenting on the personal life or private affairs of a leader is prohibited.
• Communal Tension: No activity shall be undertaken that creates hatred or tension between different communities.
• Corrupt Practices: Bribing, intimidating voters, or campaigning within 100 meters of polling stations falls under the category of 'corrupt practices'.

• Meetings and Rallies

• Prior Information: It is mandatory to give prior information of the time and venue of any public meeting to local police authorities so that security and traffic arrangements can be ensured.
• Permission: It is necessary to obtain written permission from the concerned authorities for the use of loudspeakers or for taking out processions.
• Conflict Avoidance: If two competing parties are taking out processions along the same route, the organizers must coordinate in advance so that no physical confrontation occurs.

• Rules for Polling Day

• Identity Cards: Only authorized volunteers at polling stations will be given badges or identity cards, which should not contain the party's name or symbol.
• Crowd Control: Gathering unnecessary crowds and setting up camps near polling stations is prohibited.
• Peace: It is mandatory to cooperate fully with the observers appointed by the Election Commission.

• Special Rules for the Party in Power

This is the most important part of the MCC, to ensure there is no misuse of power:

• Ban on Advertisements: Issuing advertisements of government achievements in newspapers and other media at the cost of the public exchequer is completely prohibited.
• Announcement of New Schemes: After the announcement of election dates, ministers or officials cannot announce any new financial grants, new projects, or facilities like roads/water.
• Use of Government Machinery: Ministers cannot combine their official visits with election campaigning. Government aircraft, vehicles, or personnel cannot be used for election work.
• Ban on Appointments: During elections, the government cannot make any new ad-hoc appointments that may influence the voters.

• What happens when the Code of Conduct is violated?

Although there is no specific law behind the MCC, the Election Commission can take the following steps:

1. Issuing Notice: Seeking an explanation from the candidate.
2. Ban on Campaigning: Prohibiting the violator from campaigning for 24 to 72 hours.
3. Filing an FIR: In serious cases, registering a case under the sections of the IPC.
4. Cancellation of Candidature: In extreme situations, declaring the candidate ineligible to contest the election.

Why in News?

• In view of the upcoming assembly elections (especially in sensitive states like Tamil Nadu), the Chief Election Commissioner has reiterated the policy of Zero Tolerance against 'cash for vote' and 'gift culture'.
• Steps like 'Special Intensive Revision' (SIR) and digital surveillance by the Election Commission are now being considered for implementation as a standard procedure across the country to ensure that the voter list and polling process remain dispute-free.

National Importance

• Constitutional Morality: Under Article 324, it is mandatory to maintain electoral integrity by exercising the power of the Election Commission.
• Economic Impact: The flow of illegal money during elections promotes a black money economy and creates obstacles for honest candidates.
• Democratic Credibility: To maintain India's image as a 'strong democracy' on the global stage, transparent elections are essential.

Analytical Perspective

'Inducement' in Indian elections is no longer limited to cash; it has transformed into subtle forms of 'digital wallet transfers', 'promises of free electricity-water', and 'communal polarization'.

• Challenge: The lack of swift legal action against those violating the code of conduct often limits it to a 'moral suggestion'.
• Technical Solution: The C-Vigil app and real-time webcasting have strengthened surveillance, but 'door-to-door' inducement in rural areas remains a major challenge.

Way Forward

• Statutory Power: As per the suggestions of the 'Law Commission', certain important provisions of the Model Code of Conduct should be included in the 'Representation of the People Act, 1951' to make them punishable.
• State Funding: Considering the recommendations of the Indrajit Gupta Committee, steps should be taken towards state funding of elections so that the influence of private money is reduced.
• Awareness: 'Voter Education' should not be limited to literacy alone but must be promoted as 'ethical voting'.

Conclusion

In conclusion, the Model Code of Conduct is not just a set of rules, but a moral manifesto of Indian democracy. Ensuring inducement-free elections is not the responsibility of the Election Commission alone, but it also depends on the integrity of political parties and the conscious participation of citizens. Until the 'value of the vote' becomes paramount instead of the 'price of the vote', the establishment of a true democracy will remain incomplete.