GS Paper II
News Excerpt: The Election Commission of India (ECI) highlighted in its report on the enforcement of the Model Code of Conduct (MCC) that it anticipates star campaigners and political parties to lead by example and refrain from disrupting societal harmony.
What is the Model Code of Conduct?
- The Model Code of Conduct (MCC) is a set of guidelines published by the Election Commission of India (EC) for political parties and candidates to set standards of conduct during the election campaign and polling.
- It also explains how parties can lodge complaints to the EC observers in case of dispute and instructs how the star campaigners and ministers of the parties in power must conduct themselves when the MCC is in force.
Is the MCC a law?
- The MCC is not a statutory document—it is not enforceable by any laws passed by Parliament. Violating many of its guidelines may not attract punitive action.
However, several actions such as -
- Causing tension between castes, religious or linguistic communities.
- Appealing to caste or communal feeling for securing votes.
- Using places of worship for election propaganda.
- Bribing/intimidating/impersonating voters.
- Canvassing within 100 metres of polling booths.
- Transporting voters to and from polling stations.
- Disrupting public meetings.
- Serving or distributing liquor on polling day.
- Holding public meetings 48 hours prior to closing of polls.
-are listed as ‘electoral offences’ and ‘corrupt practices’ under the Indian Penal Code (now known as Bharatiya Nyaya Sanhita) and the Representation of the People Act, 1951. These actions will attract appropriate punishment as per these laws.
How are parties registered in India?
- Section 29A of the Representation of the People Act, 1951 (RP Act) outlines the requirements for the registration of a political party with the Election Commission of India (ECI).
- As per the ECI, there are 2,790 active registered political parties in India (as of May 2024).
- Registration Requirements: The political party must submit a copy of its memorandum or constitution. The document must declare that the party will:
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- Bear true faith and allegiance to the Constitution of India.
- Uphold the principles of socialism, secularism, and democracy.
- Maintain the sovereignty, unity, and integrity of India.
- Benefits of registered political parties:
- Tax Exemption: Donations received are exempt from tax under Section 13A of the Income Tax Act, 1961.
- Common Symbol: Entitlement to a common symbol for contesting general elections to the Lok Sabha and State Assemblies.
- Star Campaigners: Allowance of twenty 'star campaigners' during the election campaign.
Recognised political parties in India:
- Registered Unrecognised Political Party (RUPP): A political party that is registered with the Election Commission of India (ECI) but has not yet met the criteria for recognition as a national or state party.
- Recognition Criteria:
- Political parties are recognized as either a ‘national’ or ‘state’ party under the provisions of The Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order).
- The criteria for recognition involve winning a requisite number of seats and/or obtaining a required percentage of votes in a general election to the Lok Sabha or State Assembly.
- Currently, there are six recognized national parties and sixty-one recognized state parties.
- Benefits of Recognised Parties include:
- Recognised parties are entitled to a reserved election symbol.
- Forty 'star campaigners' are allowed during the election campaign.
Issues involved:
Regarding de-registration of political parties -
- The Representation of the People Act (RP Act) does not give the ECI explicit powers to de-register parties for failing to contest elections, discrepancies in conducting inner-party elections and lodging requisite returns.
- In Indian National Congress vs. Institute of Social Welfare & Ors (2002), the Supreme Court held that the ECI cannot deregister any political party under the RP Act except in exceptional circumstances such as:
- Registration obtained by fraud.
- The party ceased to have allegiance to the Constitution.
- The party being declared unlawful by the Government.
- It is often reported that recognised political parties violate the MCC, and the ECI in many cases has typically responded by barring leaders from campaigning for short periods (two to three days).
Other issues -
- It has been noticed that less than a third of RUPPs contest elections. This raises concerns over the possible misuse of income tax exemption and donations collected being used for money laundering.
Way forward:
- The ECI in its memorandum for electoral reforms (2016) has suggested amendment to the law that would empower the ECI to deregister a party.
- The Law Commission in its 255th report (2015) on ‘Electoral reforms’ has also recommended amendments for de-registration of a political party if it fails to contest elections for 10 consecutive years. These recommendations should be implemented.
- Under Paragraph 16A of the Symbols order, the ECI has the power to suspend or withdraw recognition of a recognised political party for its failure to observe MCC or follow lawful directions of the Commission. It has probably been used only once for three weeks in 2015 when the recognition of the National People’s Party was suspended for failure to follow the directions of the ECI.
- Strict action under this provision would have a salutary effect in ensuring adherence to the MCC.
