Why in news ? The Former Election Commissioner Ashok Lavasa  has recently said that EC’s Model Code needs reform  and India needs model leadership.

He said that the present political environment is blunting the efficacy of EC.

About MCC:

The MCC, a unique consensual arrangement that evolved over many years, comes under stress as soon as it comes into force with the announcement of elections. It tests political parties, their leaders, the candidates, and the EC itself. All this is under the piercing gaze of the media and the critical oversight of the judiciary.

How the Model Code evolved

The MCC started as a small set of dos and don’ts for the Assembly election in Kerala. It covered the conduct of election meetings/processions, speeches, slogans, posters and placards in 1960 when K V K Sundaram was the Chief Election Commissioner (CEC).

· In 1968, under CEC S P Sen Verma, the EC consulted with political parties and circulated the Code to observe minimum standards of behaviour to ensure free and fair elections. Whereas it became a practice for the EC to circulate the Code before every General Election in 1979 .

 Why MMC needs more power ?

• The political environment in the country has since sharpened, blunting the efficacy of the MCC. Instances of violations are rising, becoming rampant and rabid.
• Political leaders are deploying their prestige, firepower and demagoguery like never before and finding ingenious ways to remain in the shadow zone between the letter and the spirit of MCC. Money has replaced muscle; technology has provided a shining armour.

What are challenges with present MCC?  What Ashok Lavasa  has suggested ?

Instances of violations are rising, becoming rampant and rabid.

Political leaders are deploying their prestige, firepower and demagoguery like never before and finding ingenious ways to remain in the shadow zone between the letter and the spirit of MCC.

Money has replaced muscle; technology has provided a shining armour. Chicanery in dodging the MCC has a higher premium than the inclination to adhere.

While the MCC draws its strength and sanctity from the strict, prompt and non-discriminatory enforcement by EC, there is a need to remodel it by imposing more reasonable restrictions in a non-discriminatory manner. This is essential to restore a certain degree of decorum and discipline in public discourse.

• A significant gap in the present framework is that the MCC has not clearly spelt out the consequences of defaults, thus diluting its deterrent effect.
• It is necessary to specify punitive measures in a fair, transparent and predictable manner, especially with respect to serious violations such as hate speech invoking communal and caste feelings to secure votes, offering inducements for garnering votes, using foul, filthy and abusive language against political opponents, indulging in political propaganda by invoking, praising, questioning or criticising the Indian armed forces, etc.
• Such violations should attract severe consequences that could be graded and made known publicly. For example, the first case of any such violations could attract a ban on campaigning for a specified period; the second could entail a ban for a longer period and the third would debar the concerned candidate or political functionary for the entire period while the MCC is in force.
• Such a ban would mean a complete prohibition on all public appearances and interaction on all forms of media. It should provide that those found in repeated violation would not be eligible to be categorised as star campaigners in subsequent elections for a certain length of time.
• The procedure for dealing with such cases should be streamlined such that punitive action is taken within 72 hours of the violation. A standard procedure must be laid down. Delayed responses dilute the impact of penalties and diminish public confidence in the credibility of the EC.
• A list of all cases of reported violations should be compiled, a statement of their disposal/pendency should be displayed on the EC website and a database needs to be created for public information.