·The Hindu·15 marks·250–350 wordsPolity

Examine the legal and constitutional dimensions of a sitting Prime Minister using state broadcasting infrastructure for campaign messaging during the operative period of the Model Code of Conduct.

In this answer
  1. Constitutional dimension: scope of Article 324
  2. Legal dimension: the enforceability gap

The Model Code of Conduct (MCC), issued by the Election Commission of India (ECI) under its Article 324 powers, becomes operative from the date the poll schedule is announced. Its Part VII ("Party in Power"), added in 1979, was designed precisely for cases where the ruling party's control of the state apparatus blurs into campaign advantage — making a Prime Minister's use of Doordarshan, Sansad TV and All India Radio for partisan appeals a live constitutional question.

Constitutional dimension: scope of Article 324

  • Article 324 vests plenary superintendence of elections in the ECI. In Mohinder Singh Gill v. CEC (1978), the Supreme Court called it a "reservoir of power" that ECI may draw upon where no statute occupies the field [2].
  • The reservoir is not unlimited: the Court also held ECI must act in conformity with existing law, bona fide, and within natural justice [2]. Hence its authority over a PM's broadcast is real but discretionary.
  • Free and fair elections being part of the basic structure, partisan use of publicly funded media strikes at electoral level-playing-field, not merely at decorum.

Legal dimension: the enforceability gap

  • The MCC is not a statute. ECI itself has argued against making it legally binding, since elections conclude in about 45 days while judicial proceedings take far longer [1].
  • Violations are therefore actionable only through derivative hooks — the Representation of the People Act, 1951, and general criminal law — requiring a specific underlying offence rather than "MCC breach" as such.
  • The severest sanction, suspension of party recognition under Para 16A, Election Symbols Order, 1968, is disproportionate and hence rarely invoked; in practice ECI issues advisories or censure.
  • Public broadcasters sit under the Union Ministry of Information & Broadcasting, so the content regulator (ECI) and infrastructure controller (executive) are structurally separate — a conflict Part VII anticipates but cannot itself cure.

The dimensions converge on one gap: a wide constitutional mandate paired with weak legal instruments. Codifying core MCC provisions with time-bound ECI adjudication, alongside strengthened Prasar Bharati autonomy, would let Article 324's reservoir actually be tapped — securing the free and fair elections that the basic structure doctrine already promises.

Sources

  1. 1PRS Legislative Research — "Model Code of Conduct and the 2019 General Elections"MCC provisions including Part VII, non-statutory character, ECI's 45-day enforceability argument
  2. 2Mohinder Singh Gill v. Chief Election Commissioner, (1978) 1 SCC 405 — Supreme Court of IndiaArticle 324 as "reservoir of power"; limits requiring conformity with existing statute
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