Model Code of Conduct - Evolution and history

The Model Code of Conduct (MCC) evolved from basic guidelines in state elections to a comprehensive framework ensuring fair play in India's national polls. Its development reflects the Election Commission of India's (ECI) efforts to counter electoral malpractices amid growing political competition.

Origins in Kerala (1960)

The MCC traces its roots to the 1960 Kerala Legislative Assembly elections, where state authorities issued the first set of "Dos and Don'ts" for candidates and parties. This informal code aimed to regulate campaign conduct, prevent violence, and promote orderly polling in a region prone to communal tensions.

National Adoption (1962)

The ECI elevated the Kerala model during the 1962 Lok Sabha and state assembly elections by circulating it to all recognized political parties and state governments. Parties voluntarily accepted it, marking the code's nationwide debut to secure free and fair elections across diverse regions.

Expansion in the 1960s

By 1967, more states like Madras (now Tamil Nadu), West Bengal, Andhra Pradesh, and Kerala formally adopted variants after party conferences. The ECI held state-level meetings to propagate the code. In 1968-69 midterm polls, it issued "Role and Responsibilities of Political Parties during Elections," appealing for minimum behavioral standards.

Consolidation and Revisions (1970s)

A revised MCC was released on January 1, 1974, ahead of 1974 state assembly and 1977 Lok Sabha elections. District-level committees under Collectors monitored compliance. However, ruling parties often flouted it, prompting the ECI in 1979 to add "Parties in Power" guidelines at a national party conference, restricting official machinery misuse.

Push for Statutory Backing (1980s)

Violations persisted due to the code's non-binding nature. In 1980, the ECI proposed statutorily incorporating Part VII (Parties in Power), but governments delayed action. The code remained advisory, enforced via moral suasion.

​

Turning Point: T.N. Seshan Era (1991)

The 1991 general elections under Chief Election Commissioner T.N. Seshan transformed the MCC. He reissued a consolidated version with stricter Part VII provisions, aggressively directing states to comply—using Article 324 powers for transfers, poll delays, and advisories. This proactive stance made the MCC a potent tool, boosting ECI's credibility.

Judicial Recognition (2001)

In Union of India vs. Harbans Singh Jalal (2001), the Supreme Court ruled the MCC activates upon ECI's election announcement press release, not just the formal notification. This settled timing disputes and affirmed its enforceability under constitutional superintendence.

Modern Refinements (Post-2000)

Post-1991, the ECI amplified the code iteratively:

s 2001 Agreement: Consensus with center/state governments on ECI directives, limiting pre-poll announcements to three years prior.

s 2010s Updates: Added social media rules, exit poll bans, and manifesto guidelines (avoiding freebie promises per 2013 Supreme Court order in S. Subramaniam Balaji case).

s 2020s Enhancements: Digital monitoring via apps; paid news curbs; star campaigner limits.

By 2024 Lok Sabha polls, the MCC spanned eight parts, covering general conduct to manifestos, with real-time enforcement tools.

Significance of Evolution

From Kerala's ad hoc list to a robust, court-backed instrument, the MCC's journey addressed money-muscle power, ruling party advantages, and digital threats. Though non-statutory, ECI's bold interpretations pioneered by Seshan elevated it to de facto law, enabling actions like campaign bans.