Model Code of Conduct (MCC) – Breach in Spirit via Pre-Poll Cash Announcements; Debate on Legal Status & Reform

Context:
• MCC — evolved by consensus of political parties; enforced since 1990s (revised 2013).
• Its intent → ensure level playing field during elections.
• Not legally enforceable per se — only parts can be enforced via RP Act, 1951 & IPC/CrPC.
• Recent controversy: Bihar’s Mukhyamantri Mahila Rojgar Yojana (MMRY) cash transfer roll-out during MCC period.

Key Highlights:

  • What MCC Does
    • Comes into force from announcement of election schedule → till declaration of results.
    • Ministers cannot announce new projects, roads, water supply, foundation stones, grants etc. that may influence voters.
    • Ongoing programme disbursements allowed — but subject to “no undue influence”.
  • Issue: Breach in Spirit / Cash Politics
    • Bihar MMRY: launched Aug 2025 → disbursements started 26 Sept 2025.
    • PM transferred benefits to ~75 lakh women.
    • Weekly payments continued even into Nov 2025 (polls 6 & 11 Nov).
    • Criticism: scheme timing = designed to bypass MCC by presenting as “ongoing”.
  • Systemic Pattern
    • Across Centre + States over decades — MCC has been routinely gamed through timing of new schemes.
  • Debate: Should MCC be made legally binding?
    • Standing Committee (2013) recommended legal status.
    • ECI reluctant — litigation delays + polls happen within 45 days.
    • Some call for scrapping MCC clauses regarding government schemes (arg: unenforceable in spirit).

Relevant Prelims Points:
• MCC is not statutory; derives legitimacy from consensus + moral authority.
Art 324 = plenary powers of ECI.
• RP Act, 1951 provisions can be invoked for corrupt practices / undue influence.
• MCC does NOT stop ongoing scheme disbursal — only new announcements that change voter incentives.
• Simultaneous elections argument partly rests on reducing MCC-induced policy freeze.

Relevant Mains Points:
• MCC = ethical code, but spirit vs letter breach is central problem.
• MMRY shows — timing engineering = institutional challenge to neutrality.
• Core question: Can free and fair elections exist without enforceable prohibitions on fiscal populism just before polling?
• Way Forward:
– statutory MCC core with “black-letter” rules for fiscal announcements
– “beneficiary creation freeze period” (like public procurement blackout)
– public disclosure of scheme launch files during MCC
– independent MCC adjudication panels (semi-judicial)
– temporal buffer: schemes must be launched ≥120 days prior to expected poll window

UPSC Relevance (GS-wise):
• GS2 – Election integrity / MCC / ECI / RP Act.
• GS4 – Ethics in public office, fair play, conflict of interest.

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