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7 Feb 2026·Source: The Hindu
4 min
Polity & GovernanceNEWS

Supreme Court Rejects Plea Challenging Bihar Elections

Supreme Court rebukes Jan Suraaj Party for challenging Bihar polls after electoral defeat.

The Supreme Court on Friday chastised former poll strategist Prashant Kishor’s Jan Suraaj Party, which sought the setting aside of the 2025 Bihar Assembly elections. The court said that political parties cannot use the judicial platform as an avenue to gain popularity after facing defeat at the ballot box. The party has accused the Nitish Kumar-led NDA government in Bihar of splurging ₹15,600 crore as “dole” in violation of the Model Code of Conduct.

Chief Justice of India Surya Kant said the court was meaning to “seriously examine” the distribution of irrational freebies, but it did not want to be seen to do so at the behest of a political party which has lost the elections. The court allowed the party to withdraw the plea and gave it liberty to approach the Patna High Court, saying the issue pertained to only one State.

Key Facts

1.

The Supreme Court chastised Prashant Kishor’s Jan Suraaj Party for challenging the 2025 Bihar Assembly elections.

2.

The court stated that political parties cannot use the judicial platform to gain popularity after electoral defeat.

3.

Jan Suraaj Party accused the Nitish Kumar-led NDA government in Bihar of splurging ₹15,600 crore as "dole" in violation of the Model Code of Conduct.

4.

The court allowed the party to withdraw the plea and approach the Patna High Court, as the issue pertained to only one state.

UPSC Exam Angles

1.

GS Paper II: Polity and Governance - Election process, role of ECI

2.

Connects to syllabus areas of constitutional bodies, election laws, and democratic processes

3.

Potential question types: statement-based, analytical questions on the role of ECI and MCC

Visual Insights

Evolution of Model Code of Conduct

Timeline showing the evolution of the Model Code of Conduct in India, highlighting key milestones and developments.

The Model Code of Conduct has evolved over time to ensure free and fair elections in India. It started as a set of guidelines and has been refined through various elections and court directives.

  • 1968Model Code of Conduct first introduced by the Election Commission of India in Kerala.
  • 1979ECI added provisions to regulate the conduct of the party in power, preventing them from using their position to influence voters.
  • 1990sThe MCC gained more prominence as the ECI became more assertive in enforcing it.
  • 2013The Supreme Court directed the ECI to include guidelines on election manifestos in the MCC.
  • 2022The Supreme Court heard a plea seeking directions to regulate the promises made by political parties in their election manifestos.
  • 2025Supreme Court rejects plea challenging Bihar Elections based on MCC violation allegations.
More Information

Background

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) for regulating the conduct of political parties and candidates during elections. It is operational from the date the election schedule is announced until the date of results. The MCC aims to ensure free and fair elections by preventing misuse of power, offering bribes, or making promises that could unduly influence voters. While not legally enforceable per se, it carries significant moral and persuasive weight. The evolution of the MCC can be traced back to the 1960s, with a basic code formulated for the 1968 mid-term elections. Over time, it has been refined and expanded based on experiences from successive elections. The ECI has played a crucial role in strengthening the MCC through various circulars and orders. The MCC's enforcement relies on the ECI's constitutional powers under Article 324, which grants it superintendence, direction, and control over elections. The legal and constitutional framework underpinning the MCC includes provisions of the Representation of the People Act, 1951, which deals with offenses during elections, and the Indian Penal Code, which covers bribery and undue influence. The MCC's legitimacy stems from the ECI's authority to conduct free and fair elections, a fundamental aspect of Indian democracy. The Supreme Court has consistently upheld the ECI's powers in this regard, reinforcing the MCC's importance.

Latest Developments

Recently, there have been debates regarding the enforceability and scope of the Model Code of Conduct (MCC). Some argue that the MCC should be given statutory backing to enhance its effectiveness. The ECI has been proactive in enforcing the MCC, particularly concerning social media usage and hate speech during elections. There have been instances where the ECI has taken strict action against political leaders for violating the MCC. Different stakeholders have varying perspectives on the MCC. Political parties often criticize the MCC when they perceive it as hindering their campaign activities. Civil society groups and election watchdogs generally support the MCC as a tool for ensuring fair elections. The judiciary has also played a role in interpreting and upholding the MCC's provisions. Looking ahead, the MCC is likely to remain a crucial instrument for maintaining electoral integrity in India. There may be further refinements to the MCC based on emerging challenges, such as the spread of misinformation and the use of artificial intelligence in elections. The ECI's role in enforcing the MCC will continue to be vital for upholding democratic values.

Frequently Asked Questions

1. What is the main issue in the Supreme Court's rejection of the plea challenging the Bihar elections, and why is it important for UPSC Prelims?

The Supreme Court rejected the plea by Jan Suraaj Party challenging the 2025 Bihar Assembly elections, stating that political parties cannot use the judicial platform to gain popularity after electoral defeat. This is important for Prelims as it touches upon the powers of the judiciary, election-related matters, and the Model Code of Conduct.

Exam Tip

Remember the key takeaway: Courts discourage using judicial process for political gains after elections.

2. Explain the concept of the Model Code of Conduct (MCC) and its relevance to the Supreme Court's observation in this case.

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India to regulate the conduct of political parties and candidates during elections. In this case, the Jan Suraaj Party alleged that the Bihar government violated the MCC by splurging ₹15,600 crore as “dole”. The Supreme Court's observation highlights the importance of adhering to the MCC for free and fair elections.

  • •MCC aims to ensure free and fair elections.
  • •It prevents misuse of power and offering bribes.
  • •It is operational from the date the election schedule is announced until the date of results.
3. What are the key facts and figures associated with this case that are important for the UPSC exam?

Key facts include: Supreme Court rebuked Jan Suraaj Party, allegation of ₹15,600 crore splurged by the Bihar government, and the 2025 Bihar Assembly elections. Key personalities are Prashant Kishor, Nitish Kumar, and Surya Kant.

Exam Tip

Focus on the amount (₹15,600 crore) and the year of the election (2025) for potential MCQ questions.

4. Why is this news about the Supreme Court and Bihar elections relevant from a current affairs perspective for UPSC?

This news is relevant because it highlights the ongoing debates regarding the enforceability and scope of the Model Code of Conduct (MCC). It also showcases the judiciary's role in election-related matters and its stance against using judicial platforms for political gains. This reflects on the separation of powers and judicial review.

5. What are the implications of the Supreme Court's decision on the common citizens of Bihar?

The Supreme Court's decision reinforces the importance of electoral processes and discourages frivolous petitions that can destabilize the democratic process. It ensures that the focus remains on governance and development rather than political maneuvering through legal channels. It also indirectly affects the scrutiny of government spending during election times.

6. What is the significance of the Supreme Court allowing the Jan Suraaj Party to approach the Patna High Court?

The Supreme Court allowing the Jan Suraaj Party to approach the Patna High Court indicates that the issue primarily pertains to the state of Bihar. This signifies the court's view that state-specific issues should ideally be addressed at the state level, unless they involve broader constitutional questions that warrant Supreme Court intervention. It respects the jurisdiction of lower courts.

Practice Questions (MCQs)

1. Consider the following statements regarding the Model Code of Conduct (MCC): 1. The MCC is enforced from the date the election schedule is announced until the date of the results. 2. The MCC derives its legal enforceability directly from the Constitution of India. 3. The Election Commission of India (ECI) is responsible for the enforcement of the MCC. Which of the statements given above is/are correct?

  • A.1 and 2 only
  • B.1 and 3 only
  • C.2 and 3 only
  • D.1, 2 and 3
Show Answer

Answer: B

Statement 1 is CORRECT: The Model Code of Conduct (MCC) is indeed enforced from the announcement of the election schedule until the declaration of results. Statement 2 is INCORRECT: The MCC does not derive its legal enforceability directly from the Constitution. It is a set of guidelines issued by the ECI and its enforceability stems from the ECI's powers under Article 324 and the Representation of the People Act, 1951. Statement 3 is CORRECT: The Election Commission of India (ECI) is responsible for enforcing the MCC to ensure free and fair elections.

2. Which of the following articles of the Constitution of India empowers the Election Commission of India (ECI) to superintend, direct, and control the conduct of elections?

  • A.Article 320
  • B.Article 324
  • C.Article 356
  • D.Article 368
Show Answer

Answer: B

Article 324 of the Constitution of India empowers the Election Commission of India (ECI) to superintend, direct, and control the conduct of elections to the Parliament, State Legislatures, the office of President of India and the office of Vice-President of India.

3. The Supreme Court's observation regarding political parties using the judicial platform to gain popularity after electoral defeat is related to which of the following principles?

  • A.Separation of Powers
  • B.Judicial Review
  • C.Basic Structure Doctrine
  • D.Rule of Law
Show Answer

Answer: A

The Supreme Court's observation is related to the principle of Separation of Powers. The court implied that political parties should not use the judicial platform for political gains, which is the domain of the executive and legislature. The judiciary's role is to interpret laws and provide justice, not to be a platform for political maneuvering.

Source Articles

SC refuses to entertain Prashant Kishor's party Jan Suraaj's plea challenging 2025 Bihar Assembly elections - The Hindu

The Hindu·7 Feb 2026

Prashant Kishor's Jan Suraaj Party moves SC challenging Bihar elections, seeks fresh polls - The Hindu

The Hindu·7 Feb 2026

High Court dismisses plea challenging entry of Christian priests into temple - The Hindu

The Hindu·7 Feb 2026

Tejashwi slams government, Nitish calls him child; Jan Suraaj Party moves SC over cash inducement to women voters in Bihar poll - The Hindu

The Hindu·7 Feb 2026

Over 1,000 staff members of Jan Suraaj Party’s professional wing fired after Bihar polls - The Hindu

The Hindu·7 Feb 2026

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