While the Model Code of Conduct (MCC) has played a crucial role in regulating electoral conduct, discussions regarding its legal backing have surfaced over the years. Do you agree with the perspective that providing statutory backing to the MCC will give the Election Commission the much-needed legal teeth in conduct of free and fair election?
Main Body
Model Code of Conduct MCC is a general set of guidelines issued by the Election Commission of India. It comes into force as the dates were announced. Reduce the 'money & muscle' power in elections. Eg. Freebies, etc. Gives power to Electoral Conduct to take action in case of violation between big & small of MCC. Prevents the misuse of state machinery (Eg, use of school/jen for advertisement is not allowed).
Statutory backing to the Model Code of Conduct MCC. Benefits: o It will bring deterrence among the political parties during election campaigning. o help in reducing the participation of criminals in the election process (~ 43% in parliament are criminals). o gives teeth to ECI to take action in case of any violation. o have playing ground for parties that have limited resources. o help in achieving the goal of free & fair election. • benefitting people's trust in electoral process. Challenge with statutory backing to MCC: Increasing litigation during election Usually to target political parties Regular hearings necessary Vagaries to implement 'PE on ground' law & order during election. Way Forward: Inspite of giving legal backing to MCC, political parties must bring the 'inner party democracy' and adopt a moral code of conduct to carry out elections in more collaborative, free & fair manner.
SHIVAM SINGH
Salient Features of the Representation of People's Act
Elections
Model Code of Conduct and Electoral Regulation
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