2022 · GS Paper 2 · Q15 · 15 marks

Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.

In short

The Election Commission has grown with the Model Code of Conduct from a consensus builder into an enforcer of a level playing field, using Article 324 since the code has no statute. Its 1979 curbs on the party in power made the ECI the main check on incumbency.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
The Model Code of Conduct (MCC), born in Kerala's 1960 Assembly election, has no statutory backing, yet it is the Election Commission of India's sharpest tool. Its force flows from Article 324, a reservoir of power where the law is silent, as Mohinder Singh Gill (1978) held.
ECI's Role as the Model Code Evolved
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Consensus builder

The ECI nationalised the Kerala code from the 1962 polls by negotiating it with recognised parties, so its authority rests on consent.

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Umpire against incumbency

The 1979 "party in power" clauses barred ministers from announcing new grants or using official machinery once polls are called.

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Enforcer without a statute

Since T.N. Seshan's tenure, the ECI enforces the code through Article 324 orders, transfers and Paragraph 16A of the Symbols Order; in 2019 it barred Yogi Adityanath and Mayawati from campaigning.

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Adapter

Manifesto guidelines after S. Subramaniam Balaji (2013) and the cVIGIL app, with over four lakh complaints in 2024, extended its reach.

Limits Exposed by Enforcing the Code
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No legal sanction

Breaches mostly draw notices or short bans, and the ECI opposed statutory status in 2013, fearing court delays.

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Perceived selectivity

Ashok Lavasa's dissents on 2019 clean chits and the 2024 notices to party presidents rather than speakers dented trust.

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Digital blind spots

Deepfakes and surrogate advertising outpace a code written for rallies.

Conclusion
The MCC shows that the ECI's power is moral authority backed by Article 324. A statutory core for grave breaches, reasoned public orders and an insulated selection process would keep the umpire as fair as the rules it enforces.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: Milestones of the Model Code. Milestones of the Model Code. Diagram (timeline): Milestones of the Model Code; 1960; Kerala's voluntary code; 1968; ECI's all-party code; 1979; Party-in-power curbs; 1991; Strict enforcement era; 2001; Binding from announcement; 2014
Diagram: Milestones of the Model Code

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Question from the official UPSC Civil Services (Main) Examination 2022 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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