Model Code of Conduct: Balancing Flexibility and Enforcement

The Law Commission cautions that making the Model Code of Conduct (MCC) statutory might weaken the Election Commission's abilities to ensure free and fair elections. The non-statutory nature of the MCC allows for swift action and adaptability, avoiding procedural delays and accommodating evolving political landscapes.

The Law Commission has raised concerns over proposals to legally codify the Model Code of Conduct (MCC) during elections, warning that such a move could weaken the enforcement capabilities of the Election Commission. The Commission emphasized the importance of the MCC’s current non-statutory status to ensure timely and effective intervention in electoral processes.

In its report to the Joint Committee of Parliament, which is examining bills on holding simultaneous polls, the Law Commission highlighted that the MCC's adaptability is one of its core strengths. The non-codified nature enables the Election Commission to address violations swiftly, circumventing lengthy legal processes that could disrupt the electoral timeline.

The Law Commission also noted the evolving electoral landscape, with challenges such as social media and technological advancements. It argued that formalizing the MCC could lead to rigidity, undermining its ability to respond to emerging issues like deepfakes. The current flexibility allows the MCC to remain effective, despite allegations of bias from opposition parties.