Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.
Approach · directive: “discuss”
What it asks · Discuss the Commission's constitutional role, how the Model Code of Conduct evolved and how the Commission enforces it, with its strengths and limits.
It asks 3 things — answer each
- Discuss: the Election Commission's constitutional role under Article 324
- Discuss: how the Model Code of Conduct evolved
- Discuss: how the Commission enforces the Code — its strengths, limits and the way forward
Open with · Article 324 vests superintendence, direction and control of elections in the Commission; the Model Code, begun in Kerala in 1960, is its main tool though it lacks statutory force.
Cover
- Constitutional role: Article 324 vests superintendence, direction and control of elections in the Commission, a multi-member body since 1993.
- Mohinder Singh Gill (1978): Article 324 lets the Commission act where the law is silent, while it is bound where the law speaks.
- Evolution: Kerala (1960); all recognised parties (1962); 'Minimum Code of Conduct' (1968); party-in-power rules (1979); consolidated (1991); manifesto guidelines (2013).
- Enforcement: observers, expenditure monitoring, the 48-hour silence (Section 126), cVIGIL (2018); advisories, censure, campaign bans, referrals for prosecution.
- Limits: no statutory force, charges of delay and uneven action against senior leaders, and the debate on legal backing.
- Way forward: time-bound decisions and disclosure; independent appointments, an issue since Anoop Baranwal (2023) and the 2023 Act.
Close with · Consistent, prompt and visible enforcement makes the Commission the effective, accountable and transparent institution that SDG target 16.6 calls for.
Add value (verified)
- Article 324(1) vests superintendence, direction and control of elections in the Election Commission, the source of its power to enforce the Model Code.The Constitution of India (as on 1 May 2024), Article 324(1) — Legislative Department ↗“The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State”
- Since then: the 2023 Act on appointing the CEC and ECs is challenged for diluting Anoop Baranwal (2023).Supreme Court of India, order of 22 March 2024 on the Chief Election Commissioner and other Election Commissioners Act, 2023 (W.P. 146 of 2024) ↗“Section 7(1) of the 2023 Act dilutes, if not amends or modifies, the judgment of this Court’s Constitution Bench in Anoop Baranwal v. Union of India”
- Since then: the 2023 Act puts a Union Cabinet Minister, nominated by the Prime Minister, on the selection committee in place of the Chief Justice of India.Supreme Court of India, order of 22 March 2024 on the Chief Election Commissioner and other Election Commissioners Act, 2023 (W.P. 146 of 2024) ↗“with a Union Cabinet Minister nominated by the Prime Minister in the Selection Committee”
- SDG target 16.6 calls for effective, accountable and transparent institutions.Goal 16: Peace, justice and strong institutions - UN Department of Economic and Social Affairs ↗“Target 16.6 Develop effective, accountable and transparent institutions at all levels”
Question: UPSC's CS (Main) 2022, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 356words · Minimalist IAS
Article 324 vests the 'superintendence, direction and control' of elections in the Election Commission. The Model Code of Conduct, which began in 1960 as a code agreed among Kerala's parties, has become its chief tool for a level playing field, though it has no statutory force.
The Commission's constitutional role
- Mandate: it prepares electoral rolls and conducts elections to Parliament, the State Legislatures and the offices of President and Vice-President; it became multi-member in 1993.
- Residuary power: in Mohinder Singh Gill (1978) the Supreme Court held that Article 324 lets the Commission act where the law is silent, while binding it where the law speaks.
How the Model Code evolved
- 1960: Kerala parties' code
- 1962: sent to all recognised parties
- 1968: 'Minimum Code of Conduct'
- 1979: rules for the party in power
- 2013: manifesto guidelines
- From consent to norm: a local agreement became a national code, which the Commission consolidated and enforced with new rigour in 1991.
- Widening scope: the 1979 section stops ruling parties using office for campaigning; the 2013 guidelines brought manifestos under scrutiny.
The Commission's role in enforcing the Code
- Reach: from the announcement of the schedule to the results, covering speeches, processions, polling day, the party in power and manifestos.
- Tools: observers, expenditure monitoring, the 48-hour silence (Section 126 of the 1951 Act), the cVIGIL app (2018) for citizen complaints, and action against paid news.
- Sanctions: advisories, censure, campaign bans for set periods and referrals for prosecution; moral authority and public pressure secure compliance.
- Limits: no statutory backing, charges of delay and uneven action against senior leaders, and an open debate on whether legal force would strengthen the Code or slow it through litigation.
Way forward
- Time-bound decisions: dispose of complaints within fixed days and publish every action taken.
- Independent appointments: since then, Anoop Baranwal (2023) put the Chief Justice on the selection panel; the 2023 Act replaced him with a Union Cabinet Minister, a change now challenged in court.
A Code that works by consent needs a referee every party trusts. Consistent, prompt and visible enforcement makes the Commission the 'effective, accountable and transparent' institution that SDG target 16.6 calls for.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
