Model Code of Conduct does not take away the right to free speech: Arun Jaitley

The Model Code of Conduct (MCC) is an extremely important and powerful instrument available to the Election Commission for the conduct of free and fair elections, which draws its strength from Article 324 of the Constitution of India.

Expansive reach of MCC may actually run it in the danger of being questioned for its constitutionality in relation to free speech. To avoid such a situation, the memorialist must keep in mind that the Right to Free Speech has not been diluted in any way by the MCC.

Another case relates to the Gandhi Family principle of restrictive free speech. They can call even an honest Prime Minister a ‘Chor.’ However, others don’t possess this right.