April 2, 2019

Model Code of Conduct – Election in India

Contents

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Model Code of Conduct is a document that originated and evolved with the consensus of the political parties.
The origin of the MCC dates to the Assembly election in Kerala in 1960
Model Code of Conduct (MCC) was agreed to by all the political parties in 1968.
Election Commission first effectively put to use the MCC in the year 1991 to ensure fair elections and a level playing field.
It comes immediately into effect after announcement of election schedule by commission.
In case of premature dissolution of assembly, model code of conduct started immediately.
The MCC is not enforceable by law.
However, certain provisions of the MCC may be enforced through IPC 1860, Code of Criminal Procedure, 1973, and RPA 1951.

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General Conduct under Model Code of Conduct

No party or candidate shall indulge in any activity which may create tension between different castes and communities, religious or linguistic.
Parties and candidates shall refrain from criticism of private life of the leaders
Criticism based on unverified allegations or distortions shall be avoided.
No appeal to caste or communal feelings for securing votes.
Mosques, churches, temples or other places of worship shall not be used as forum for election propaganda.
Should avoid “corrupt practices” and offences under the election law like
- Bribing of voters in any kind
- Distributing freebies
- Intimidation of voters
- Impersonation of voters
- Canvassing within 100 meters of polling stations
- Holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll
- Transport and conveyance of voters to and from polling station.
No use of any individual’s land, building, compound wall etc., without their permission
Workers of one political party shall not create disturbances at public meetings organized by another political party by putting questions orally or in writing or by distributing leaflets
Processions shall not be taken out by one party along places at which meetings are held by another party.
Posters issued by one party shall not be removed by workers of another party.

Party or candidate shall inform the local police authorities of the venue and time
Party or candidate shall apply to the authority in advance for use of loudspeaker
Organizers of a meeting shall invariably seek the assistance of the police on duty for dealing with persons disturbing a meeting

A party or candidate organising a procession shall decide before and the time and place of the starting of the procession
The organisers shall give advance intimation to the local police authorities
The organisers shall take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic.
Burning or carrying of effigies purporting to represent of other political party leaders in public are not allowed

All political parties and candidates shall :
Co-operate with the officers on election duty.
Supply to their authorised workers badges or identity cards.
Identity slip supplied by them to voters shall not contain any symbol, name of candidate or party.
Not distributing liquor on polling day and during the 24 hours preceding it.
Not allow unnecessary crowd to be collected near the camps set up by the political parties and candidates near the polling booths
Ensure that the candidate’s camps shall be simple.
They shall not display any posters, flags, symbols or any other propaganda material.
No eatable shall be served or crowd allowed at the camps.

Excepting the voters, no one without a valid pass from the Election Commission shall enter the polling booths.

The Election Commission appoints Observers.
Candidates or their agents have any specific complaint, they may bring the same to the notice of the Observer.

The party in power at the Centre or in the state, should not use its official position for the purposes of its election campaign
Ministers shall not combine their official visit with electioneering work
Government transport including official air-crafts, vehicles, machinery and personnel shall not be used during the electioneering work
Public places in connection with elections shall not be monopolized
Govt. accommodation shall not be monopolized
Govt. accommodation or offices can’t use as a campaign office or for holding any public meeting for the purposes of election propaganda.
Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election must be avoided
Ministers and other authorities shall not
- Announce any financial grants or promises thereof
- Lay foundation stones etc., of projects or schemes of any kind
- Make any promise of construction of roads, provision of drinking water facilities, etc.
- Make any ad-hoc appointments in government, public undertakings, etc.
Commission shall announce the date of any election not more than 3 weeks prior to the date
Ministers of Central or state governments shall not enter any polling station or place of counting except in their capacity as a candidate or voter or authorised agent.

Supreme Court in its judgment in 2013 has directed the Election Commission to frame guidelines with regard to election manifestos
The promises in the election manifesto cannot be construed as ‘corrupt practices’ under Section 123 of RP Act,
Generally political parties release their election manifesto before the announcement of election date
In that scenario, Election Commission will not have the authority to regulate
But an exception can be made in this regard as the election manifesto is directly associated with the election process
Manifesto shall not contain anything against the Constitution
It should maintain the spirit of Model Code of Conduct
The Directive Principles of State Policy enshrined in the Constitution enjoin upon the State to frame various welfare measures
So, there can be no objection to the promise of welfare measures in election manifestos.
Manifestos also reflect the rationale for the promises and broadly indicate the ways to meet the financial requirements for it.
Trust of voters should be sought only on those promises which are possible to be fulfilled.

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