Syllabus: Salient features of the Representation of People’s Act
About MCC
- Set of rules established by Election Commission of India (ECI) to regulate behavior of political parties and candidates during elections.
Objectives
- Keep campaigning, polling, counting process transparent, peaceful, orderly ensuring free and fair elections comprehensively.
- Check abuse or misuse of state finances and machinery by party in power preventing unfair advantage.
- Ensure electoral offences, malpractices, corrupt practices prevented by all means maintaining electoral integrity throughout.
Duration and Scope
- Enforced from date of announcement of election schedule by ECI; operational till election process completed including counting.
- Election Commissioners themselves declare completion of MCC ensuring official end of code period.
- General elections to Lok Sabha: code applicable throughout country ensuring nationwide compliance and uniformity.
- State Legislative Assembly elections: code applies to entire State ensuring comprehensive coverage of electoral process.
- Bye-elections: MCC would only apply to concerned Constituency area limiting scope to specific geography.
Enforceability
- Not statutory document; only guiding principle limiting legal enforceability and binding nature on parties.
- Certain provisions can be implemented by invoking other legal provisions like IPC 1860, RP Act 1951.
Key Provisions
- General Conduct
- Mandates candidates refrain from creating or making hateful remarks that can lead to enmity between sections of society.
- Prohibits bribing voters, faking voters or organizing meetings during 48 hours ending with hour fixed for close of poll.
- Meetings and Processions
- Political parties and candidates required to notify local police authorities in advance about schedule and venue of events.
- Advance intimation required for any procession; cannot be changed once permission granted ensuring coordination.
- If procession routes coincide: parties or candidates should decide in advance to resolve conflict amicably.
- Polling Day
- All political parties and candidates must abide by law and coordinate with election officials on day of polls.
- No serving of liquor allowed at polling booths; display of posters, flags, symbols, propaganda material prohibited completely.
- Polling Booth Access
- Except voters: no one without valid pass from Election Commission shall enter polling booths ensuring security.
- Observers
- ECI appoints Observers: candidates or agents with specific complaint or problem may bring to Observer’s notice.
- Party in Power
- ECI states: party at Centre or States must ensure no cause given for complaint of using official position for campaign.
- Election Manifestos
- MCC lays down detailed guidelines for election manifestos that parties publish before elections ensuring accountability.
- Mandates parties must not make promises that attempt to vitiate purity of election process or exert undue influence on voters.
Related Judgments
- Electoral Bond Judgment (2024)
- Association for Democratic Reforms vs Union of India: Supreme Court struck down Electoral Bond Scheme in February 2024.
- Anonymous and unlimited corporate donations skewed electoral competition favoring ruling party causing quid pro quo arrangements.
- Undermined level playing field for elections; integral and core purpose of MCC requiring fair electoral competition.
- Freebies Case (2022)
- Ashwini Kumar Upadhyay vs Union of India: Court noted freebies granted using taxpayer money only for increasing popularity.
- Not all promises amount to freebies; some pertain to welfare schemes aimed at public benefit and cannot be deemed undermining elections.
- Manifesto Guidelines (2013)
- Subramaniam Balaji vs State of Tamil Nadu: SC directed ECI to include guidelines on election manifestos in MCC.
- Guidelines subsequently included in code for 2014 general elections ensuring transparency in political promises.
- Electoral Integrity (1994)
- A. Neelalohithadasan Nadar vs George Mascrene: though not directly related to MCC violation, upholds central principles.
- Court’s ruling: integrity of electoral process takes precedence over secrecy of ballot ensuring fair elections.
- ECI Powers (1993)
- ECI vs State of Tamil Nadu: SC states ECI is high constitutional authority charged with ensuring free and fair elections.
- Extensive powers vested in Commission commensurate with significant Constitutional responsibilities it is entrusted with effectively.
- Section 125 RP Act 1951: provides three-year sentence as maximum punishment for promoting enmity between classes on religious grounds.
- Apex court can give standing direction to ECI to initiate criminal proceedings under Section 125 whenever occasion arises.
Enforceability Issues
- MCC voluntary set of norms; not legally enforceable by itself limiting its effectiveness significantly.
- Violations of certain provisions can be enforced through invoking corresponding provisions in criminal laws and RP Act, 1951.
- Announcement of financial grants or new projects by ruling government before elections can vitiate level playing field.
- Code does not restrict grants or disbursements under ongoing programmes on date of election announcement.
Violations in Practice
- Breach as Norm (Recent Example: Bihar MMRY)
- Mukhyamantri Mahila Rojgar Yojana (MMRY) launched in Bihar (August 2025) just before elections questionably.
- Women eligible to receive ₹10,000 as grant for self-employment and livelihood opportunities under scheme. Disbursements started September 26, 2025: PM transferred grant to 75 lakh women directly as cash transfer.
- Weekly instalments being transferred since October; recent one on October 31, next on November 7 strategically.
- Taking refuge under guise of ongoing scheme launched just month before election announcement does not seem kosher.
- Criticism of ECI
- Criticism directed at ECI for turning blind eye to blatant violations of MCC, if not in letter but in spirit.
- Machiavellian ability of political leaders to invent new ways of working around election laws makes curbing difficult.
Recommendations
- Legal Binding Proposal
- 2013 Standing Committee recommended making MCC legally binding for better enforcement and compliance.
- ECI not in favor: elections completed within relatively short period (~45 days) while judicial proceedings take longer.
- Simultaneous Elections
- One argument for simultaneous elections to Lok Sabha and State Assemblies is to minimize impact of MCC.
- MCC restricts new government programmes and schemes with multiple elections every year causing policy paralysis.
- Scrapping these provisions would result in one farcical reason being less for arguments favoring simultaneous polls.