Introduction
The Model Code of Conduct has long guided India’s elections, coming into force upon the announcement of election schedules and remaining operative until election results are declared. While not legally binding—its enforcement relies on constitutional powers under Article 324 and references to other statutes like the Representation of the People Act, IPC, and CrPC—it has strong moral and procedural force.DD News+3Drishti IAS+3Atish Mathur+3Indian Election+3iLearnCANA+3The Times of India+3iLearnCANA+2The Hindu+2Indian Election+2
In recent elections, digital platforms have transformed campaign dynamics. The ECI has expanded MCC enforcement into the digital realm via mandatory social media pre-certification for political ads, cVIGIL citizen reporting, flying squads, and district-level digital ad regulation—all tools aimed at combating misinformation, undisclosed advertising, and hate speech online.India Corporate LawIndian Election
Digital Enforcement Tools & Mechanisms
Ad Pre‑Certification & Platform Accountability
In line with ECI’s social media Code of Conduct, platforms like Facebook and Google require political advertisers to obtain a pre‑certificate from the ECI, verify their identity, and label content as political advertising. Platforms must maintain dedicated liaison teams, report to the ECI, and provide transparency on digital political spending.India Corporate Law
In practical terms, local authorities are also stepping in. For instance, during the Ludhiana West by‑election, the district administration mandated that all digital campaign advertisements on platforms such as Facebook, Instagram, and X be pre‑certified by the Media Certification and Monitoring Committee (MCMC). These ads must be accounted for in the candidate’s official election expenditure.India Corporate Law+7Reddit+7The Times of India+7
Citizen Reporting via cVIGIL
ECI launched the cVIGIL mobile app, enabling real-time citizen reporting (via video/photo) of MCC violations. Reports are addressed within 100 minutes, with photo timestamps facilitating rapid response.Reddit+6iLearnCANA+6The Times of India+6
In Ludhiana West, over 538 complaints were filed via cVIGIL, and enforcement teams took operational action swiftly.The Times of IndiaThe Times of India
Local Digital Oversight & Suvidha Portal
To streamline enforcement, Ludhiana DEO directed all campaigning activities—including digital advertisements—to be approved only through the ECI’s Suvidha portal, a one-stop system for sanctioning rallies, vehicle use, loudspeakers, and ads. This tied directly into MCC compliance efforts.Testbook+15India Corporate Law+15The Times of India+15
Case Study: Ludhiana West By‑Election Enforcement
During the Ludhiana West by‑poll (June 2025), digital and offline MCC enforcement had several notable features:
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Roughly 9,700 unauthorised campaign materials were removed in the first two days, across public and private spaces, with these violations added to candidate expenditure statements capped at ₹40 lakh.The Times of India+1The Times of India+1The Times of India+2The Times of India+2The Times of India+2
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34 enforcement teams—flying squads, static surveillance, and video surveillance teams— were deployed to monitor MCC violations, removing up to 5,000 defacement items daily.The Times of India
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Local civil society (ADR & Punjab Election Watch) lodged complaints alleging DEO negligence in addressing blatant digital and offline MCC infractions. They demanded more stringent enforcement or replacement of the DEO.The Times of India
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Reported digital violations included uncertified political ads on social media, prompting district MCMC scrutiny.
This case demonstrates how the integration of digital oversight (pre-certification, citizen reporting, expenditure tracking) can operationalize MCC norms at the constituency level.
Strengths & Emerging Governance Innovations
✅ Key advantages of digital enforcement:
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Greater transparency: digital ad spending is tracked more effectively, and citizens can lodge complaints via cVIGIL with visual proof.
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Rapid response: enforcement teams remove violations quickly and attribute costs to candidates—helping contain diffusion of illicit messaging.
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Platform accountability: social media platforms are mandated to register political advertisers, pre-certify ads, and label content—all increasing public accountability.
Innovations include:
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District MCMC pre-certification of digital ads.
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Central Suvidha portal to approve campaign events.
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cVIGIL integrated into expenditure monitoring workflows.
Challenges & Institutional Gaps
⚠️ Persistent weaknesses in digital enforcement:
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MCC lacks statutory backing: While digital rules depend on executive directives and statutory provisions for penalties, the MCC itself is not a binding law. Courts have confirmed this ambiguity prevents legal recourse under the MCC alone.Reddit+4India Corporate Law+4The Times of India+4Indian Election+3Testbook+3The Times of India+3The Times of IndiaThe Times of IndiaThe Times of IndiaLibrary of Congress Maintenance+3Finology Blog+3Drishti IAS+3
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Implementation gaps by ECI and administration: Civil society warns that platforms and parties often escape penalties. For instance, deepfake or communal advertisements spread widely before action is taken. In the 2024 general election, IEC was criticized for slow response to viral hate content, indicating enforcement delays.Reddit
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Digital limitations—WhatsApp & closed groups: ECI regulations focus on public platforms, but messaging apps like WhatsApp remain a blind spot in enforcement, leading to unchecked private circulation of campaign content.Reddit+7Atish Mathur+7India Corporate Law+7
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Resource constraints: ECI’s surveillance capacity is limited; local DEO performance varies, and complaints are not always acted upon with equal urgency, leading to uneven enforcement across regions.Atish MathurReddit
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Lack of public data on enforcement: While platforms are required to report violations to ECI, transparency on enforcement statistics is limited, and there is no centralized digital dashboard for public monitoring.adrindia.org
Recommendations: Strengthening Digital MCC Enforcement
| Reform Area | Recommendation |
|---|---|
| Statutory Status | Consider making key components of the MCC—like digital ad rules—legally enforceable via Representation of the People Act amendments. |
| Independent Oversight & Transparency | Establish a public dashboard tracking digital MCC complaints, enforcement actions, and platform takedowns. |
| Platform Disclosure Norms | Require political parties and paid social media consultants/influencers to disclose identities and spending transparently.The Times of India+14Library of Congress Maintenance+14Indian Election+14Redditadrindia.org |
| Better Integration with IT Rules | Align MCC enforcement powers with obligations under IT Rules, 2021 for content takedown and first-originator identification.en.wikipedia.org |
| Regulate Closed Messaging Channels | Collaborate with encrypted messaging platforms to allow reporting or limitation of bulk campaign messaging during elections. |
| Capacity Building for Local Officials | Train DEOs/MCMCs on digital ad certification, managing cVIGIL, and ensuring uniform enforcement across districts. |
| Civil Society Involvement | Involve monitoring bodies like ADR and IFF in independent audit of digital enforcement to ensure impartial action. |
Conclusion
As India's elections become increasingly digital, ensuring the Model Code of Conduct remains robust and fair requires both innovation and reform. Local success stories—like Ludhiana West’s pre-certification mechanism, cVIGIL integration, and Suvidha portal usage—show how MCC enforcement can adapt effectively to modern campaign environments.
However, gaps remain: the MCC’s non‑statutory status, opaque platform enforcement, private messaging loopholes, and uneven official action undermine its full potential. Without clear legal backing, data transparency, robust grievance redress reflexes, and community oversight, digital enforcement risks being reactive rather than preventive.
To protect democratic integrity in the digital age, India urgently needs a digitized MCC regime—anchored in legal clarity, platform responsibility, citizen-enabled reporting, and institutional fairness—that keeps digital campaigning transparent, accountable, and inclusive.