Election Commission Adopts New Enforcement Strategy in Ongoing Polls
In a significant departure from past practices, the Election Commission of India (ECI) has not issued a single notice for violations of the Model Code of Conduct (MCC) during the recently concluded elections in Assam, Kerala, and Puducherry. This shift comes as campaigning winds down in Tamil Nadu and West Bengal, with less than three weeks remaining before voting concludes.
From Warnings to FIRs: A Tactical Change
Trends observed since the 2025 Bihar assembly polls indicate a clear strategic pivot. The Commission is now prioritizing the filing of First Information Reports (FIRs) for serious offences that previously would have attracted graded MCC actions such as formal warnings, censure, or temporary campaign bans. This time, no MCC notices were issued despite specific complaints, including over alleged "communal" remarks made by Congress President Mallikarjun Kharge at a rally in Assam on April 7, which the BJP had formally brought to the EC's attention. Similarly, no notice was issued regarding allegations about "multiple passports" made by Congress spokesperson Pawan Khera against the wife of the Assam Chief Minister on April 5. In both instances, FIRs were registered by local authorities instead.
A Conscious Decision Under New Leadership
Senior officials have confirmed that this move away from the traditional MCC notice system is a deliberate and conscious decision under the leadership of Chief Election Commissioner Gyanesh Kumar. The rationale is multifaceted. With election schedules becoming shorter and involving fewer phases, the time-consuming administrative process of issuing notices, seeking replies from politicians, and adjudicating the matters often does not fit into the tight windows of modern campaign cycles. Furthermore, the Model Code of Conduct lacks inherent legal sanctity, operating as a voluntary code of ethics agreed upon by political parties.
Addressing Legal Loopholes and Political Gamesmanship
Officials pointed out that the vast majority of MCC violations—including communal appeals, personal attacks, use of abusive language, corrupt practices, and voter intimidation—are already covered under existing criminal laws and the Representation of the People Act, 1951. Therefore, serious cases can be more effectively addressed through the due process of law, allowing the Election Commission to focus its resources on the broader conduct and administration of the elections.
This new approach also aims to curb political gamesmanship. Officials revealed that MCC notices are sometimes exploited by politicians to play the "victim card" and galvanize public sympathy. By ignoring minor, procedural violations and pursuing FIRs in substantively serious cases, the EC adopts a more legally robust strategy. They added that MCC notices against opposition leaders frequently trigger allegations of institutional bias. While ruling party politicians tend to be more measured in their responses, opposition leaders often adopt a more combative public stance. FIRs, being a standard part of the legal process, leave considerably less scope for such charges of partiality.
Historical Context of the Model Code
The Model Code of Conduct was first introduced in Kerala during the 1960 assembly elections. It was subsequently refined and implemented nationally during the tenure of Chief Election Commissioner T.N. Seshan in 1991, with enforcement becoming notably stricter since the general election held that same year. The current shift represents one of the most significant operational changes in how the code is enforced in over three decades.
