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The evolution of the model code

V. Jayanth

With its origins in 1951, the code emerged out of a political consensus. So long as it remained on paper, there was hardly any protest. The situation changed when the focus shifted to enforcement.

AT A point of time when so much is being discussed about the model code of conduct for elections, it may be interesting to look at its evolution.

The model code is not something that was suddenly thrust on the political parties or their candidates. It emerged out of a political consensus. It was in 1968 that the Election Commission, in consultation with political parties, formulated the code that was intended to regulate the conduct of political parties in the context of elections. The objective was to ensure that campaigning went on healthy lines and the elections were conducted peacefully.

Researchers have traced the evolution of the model code in India, with its origins in 1951, when Prime Minister Jawaharlal Nehru laid down the guidelines — so to say — in a report he presented. It had certain basic tenets. Every party and candidate must be given a fair and equal chance; belonging to the ruling party should not give a candidate any special privilege; officers of the Government must function impartially and with the strictest neutrality; Ministers must not utilise their official position to further their own election prospects; and, as far as possible, official duties should be separated from electoral work.

Following up on this, Nehru wrote to the Chief Ministers: "I would like to draw your special attention... regarding tours of Ministers in connection with the election campaign. I have no doubt that... you will so regulate your tour arrangements so as to avoid any criticism that Ministers are using their official position for party advantage during the elections. For journeys, which have, for their main purpose, election campaign... no travelling expenses or daily allowances should be charged by Ministers... It should be easy to separate purely election meetings from meetings meant for explaining government policies and the like."

Similarly, the Government of Kerala had worked on a code of conduct to be observed by organised political parties. It initiated steps prior to the 1960 general elections to work out one. This was discussed with and approved by party representatives. In December 1966, political parties in the States of Madras, Andhra Pradesh and West Bengal accepted the same code. Later, in 1968, the Election Commission circulated the code to all recognised parties. Following their acceptance of the code, it was extended throughout the country.

So long as the code remained on paper and was not strictly enforced, there was hardly any protest. But from the T.N. Seshan era at Nirvachan Sadan in the 1990s, the focus shifted to enforcement. It was the E.C.'s contention that the powers of the Commission were always there but that these were not being used by the authorities. And that situation changed with the advent of Mr. Seshan. His successors have built on that. As a result, political parties, especially those in power, have invariably taken on the Election Commission for one reason or the other.

Such differences have now been brought up in the courts to test the validity and legitimacy of some of the rules, regulations, and even practices — especially if they are not part of the statute book.

The essence of the model code lies in a prescription to the ruling parties at the Centre and in the States to ensure a level playing field for all parties. It is meant to prevent the ruling party from using or misusing the official machinery to improve its prospects in elections. At the same time, it lays down guidelines for all parties and candidates to follow. It is the role of the officials in charge of the electoral process to monitor the campaign and enforce the code of conduct. And if any of the officials or police officers is seen to be taking sides or turning a blind eye to violations of the code, the Election Commission is empowered to initiate action against them, as they are deemed to be working under the Commission during the period of the polls.

The complaint of the political parties, especially those in power, is that the Commission is sometimes over-reaching itself and bringing governance to a halt for several weeks in the run-up to elections. Officials find it hard to walk the rope during this critical period, without earning the wrath of either the ruling party or the Opposition. They find it convenient to refer to either the Chief Electoral Officer in the State, or to the Commission itself, when they are in doubt about a certain Government order.

Over the past decade and more, the Election Commission of India has won international acclaim for the democratic conduct of elections.

India has now offered its expertise to other countries that are in the process of switching over to parliamentary democracy.

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