Model Code of Conduct Violations: 1,334 Tenders Issued in Poll-Bound States Within 48 Hours

Hindustan Times - India · 19 Mar 2026 · 2 min read
Prelims · Polity Mains · GS2 Governance High relevance

Government departments in four poll-bound states issued 1,334 tenders within 48 hours of the Model Code of Conduct (MCC) coming into effect, raising concerns about electoral integrity and governance compliance.

Key points

Model Code of Conduct (MCC) violations occurred in West Bengal (865 tenders), Kerala (284), Assam (96), and Tamil Nadu (89) within 48 hours of MCC enforcement on March 15, 2026.

Election Commission of India (ECI) stated no permissions were granted for these tenders, which cover routine development works like roads, hospitals, and anganwadi centers—explicitly barred under MCC.

Part VII of MCC prohibits governments from initiating tender processes during elections without ECI approval, making these actions prima facie violations.

Representation of the People Act, 1951 Section 123 treats misuse of public funds to influence voters as corrupt practice, potentially applicable here.

[GS2-Governance] This reflects systemic governance failures in adhering to electoral norms, undermining the level playing field essential for free and fair elections.

State officials offered contradictory explanations—West Bengal claimed repairs to old projects, Kerala blamed local bodies, while Assam denied awareness of tenders.

Historical pattern observed: Similar violations occurred in 2021 with 325 tenders, but 2026 figures show a 310% increase in MCC breaches.

Technical Wing of ECI is reviewing all tender documents, with action promised against responsible engineers and officials.

[GS3-Economy] The rush of tenders indicates possible pre-election economic stimulus through public works, despite MCC restrictions on such spending.

Way Forward: ECI should implement real-time tender monitoring systems, impose mandatory pre-clearance for all government contracts during MCC period, and establish faster adjudication mechanisms for MCC violations with strict penalties for repeat offenders.

Key terms

Model Code of Conduct (MCC)

A set of guidelines issued by the Election Commission of India under Article 324 of the Constitution to ensure free and fair elections. It restricts governments from announcing new schemes, making appointments, or undertaking fresh public works that could influence voters once elections are announced. MCC's constitutional significance lies in its role as a non-statutory but enforceable framework for electoral integrity.

Representation of the People Act, 1951 Section 123

Defines 'corrupt practices' in elections, including bribery, undue influence, and misuse of official power. Section 123(7) specifically prohibits the use of government machinery for electoral advantage. This provision gives statutory teeth to MCC violations, with penalties including election nullification.

Election Commission of India

A constitutional body established under Article 324 vested with superintendence, direction, and control of elections. Its authority to enforce MCC derives from this broad mandate, making its directives binding on both central and state governments during elections.

Level Playing Field

A principle of electoral democracy ensuring equal opportunity for all political parties and candidates. MCC operationalizes this principle by preventing the ruling party from using state resources for electoral advantage, crucial for maintaining public trust in democratic processes.