Decoding the Model Code of Conduct Time to Shift from Morality to Penalty

Mohammad Saleem
LLM, Faculty of Law, Aligarh Muslim University, Aligarh, India.

Volume III, Issue V, 2020

India is a country, divided in states and union territories, with a parliamentary system governed under the Constitution of India, which defines the power distribution among the central government and the states governments. The Prime Minister is the head of the Union Government while the Chief Ministers are the ruling persons in each of the states. To select persons who serve the people or rather who rule the people, there are Elections held on the front of the Union or Central Government and on the front of State Governments every five years.

Elections in India are synonymous to the festivals which are basically celebrated on a large scale and wide spectrum. The largest democracy of the world with highest number of political parties, candidates and voters chooses its leaders in a grand fashion all organised by the Election Commission of India and different State Election Commissions. To the entire world it seems to be a sophisticated “Dance of Democracy” but in reality it is no more than a vulgar dance practice which is controlled by Money, Muscle and power.

The election commission to save the elections from all forms of impurities and to maintain its sanctity applies the Model Code of Conduct with the notification of a particular election. Through this paper the author would attempt at understanding the MCC, its particulars and the procedure of its application. The author would also throw light on the legal enforceability of the MCC and the consequences when it is violated by a candidate and the political parties. The author would also attempt to look at the various rules of the MCC which helps the election commission in conducting fair elections in India and different states.

Keywords: Election, Central Government, State Government, Election Commission, Model Code of Conduct.