Answer:

Model Code of Conduct is a set of guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, election manifestos, processions and general conduct.

However, this code is frequently violated by political parties. It was very much evident in recently held Bihar elections, where leaders used issues like religion, caste and nationalism to get the favour. Social media is also used for vitiating the election environment.

Consequently, the idea of making MCC statutory part under RPA act 1951 is widely argued on following grounds:

♤ It will become legal framework which can be justifiable in the court.

♤ It will also seek to regulate activities in social media.

♤ This will enable the election commission to take adequate action as per the violation committed by political parties.

♤ It will create a fair play for all the contestant without vitiating the atmosphere which can lead to law and order problem.

But this action of creating statutory framework has various implications:

♤ It can blur the image of election commission as neutral body as an action taken by EC can be seen as a biased action.

♤ If the model code of conduct is converted into a law, it will result into increase litigation and delay the election process.

♤ Various political parties also seen this move of legalizing the MCC as an attempt of taking power of election commission.

In addition to this Supreme Court in Union of India Vs. Harbans Sigh Jalal opined that legalizing MCC, may not be suitable option, instead following can be done:

♤ The increase in quantum of punishment in case of violation which is already backed by laws under RPA and IPC.

♤ Creating more awareness in political parties about MCC by training and awareness programmes.

♤ Use of whip office in parties to regulate activities during elections.

♤ Discouraging the violation on social media by amending IT act.

Legalizing the MCC will be an attempt to fill the loopholes in the laws. However, these loopholes can be easily plugged by inner party democracy and pragmatic election commission’s decisions.