Model Code of Conduct: Difference between revisions

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{{Short description|Guidelines for political campaigning in India}}

CODE OF CONDUCT IN ELECTIONS--

The '''Model Code of Conduct''' is a set of guidelines issued by the [[Election Commission of India]] for the conduct of [[Political party|political parties]] and [[candidate]]s during [[election]]s.<ref>{{cite report|url=http://eci.nic.in/eci_main/MCC-ENGLISH_28022014.pdf|title=Model Code of Conduct|access-date=3 April 2014|archive-date=7 April 2014|archive-url=https://web.archive.org/web/20140407100248/http://eci.nic.in/eci_main/MCC-ENGLISH_28022014.pdf|url-status=dead }}</ref> It is a set of norms which deal with matters including meetings, processions, election manifestos, [[Election|polling]] and general conduct. It has been evolved with the consensus of political parties and helps to ensure the conduct of free and fair elections. The Model [[Code of conduct|Code of Conduct]] comes into force immediately on the announcement of the election schedule and remains in force till the end of the [[electoral process]].<ref>{{cite news|title=Announcement of Schedule for General Elections to Lok Sabha and Legislative Assemblies in Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim, 2019|url=https://old.eci.gov.in/files/file/9396-announcement-of-schedule-for-general-elections-to-lok-sabha-and-legislative-assemblies-in-andhra-pradesh-arunachal-pradesh-odisha-sikkim-2019/|publisher=[[Election Commission of India]]|access-date=28 March 2019}}</ref>

== History ==

On the eve of the elections, the EC formulates and enforces a code of conduct for the parties which clearly defines the nature and scope of the corrupt practices during elections, electoral offenses and breaches of official duties. All the candidates the political parties, and the party in power to strictly follow this code of conduct.

The birth of the Model Code of Conduct dates back to the [[1960 Kerala Legislative Assembly election|Assembly elections of Kerala in 1960]], during which the State administration drafted a 'Code of Conduct' for political actors. It was subsequently circulated by the [[Election Commission of India]] to all recognized [[List of political parties in India|political parties]] and State governments during the [[1962 Indian general election|Lok Sabha elections of 1962]], and it was wholeheartedly followed. It was the year [[1991 Indian general election|1991]] when the Election Commission decided to make more stringent use of the Model Code of Conduct following repeated election norms violation and continued corruption.<ref>{{Cite news |date=2024-03-16 |title=What's Model Code of Conduct? How it came into being and what's allowed and what's not |url=https://economictimes.indiatimes.com/news/elections/lok-sabha/india/whats-model-code-of-conduct-how-it-came-into-being-and-whats-allowed-and-whats-not/articleshow/108545901.cms?from=mdr |access-date=2024-11-20 |work=The Economic Times |issn=0013-0389}}</ref>

== Structure and features ==

1) the code of conduct relating to the ruling party or parties in power both at the centre and in the states, prohibits the ministers from abusing their power or authority for promoting the election prospects of the party or individuals.

The model code of conduct consists of seven sections which deal with general conduct, meetings, processions, party in power, polling booth, polling day and election manifestos.<ref>{{cite report|title=Model Code of Conduct|url=https://eci.gov.in/mcc/|publisher=[[Election Commission of India]]|access-date=28 March 2019}}</ref>

2) under these restrictions, the ministers are not permitted to use their official cars for election work, not even indirectly by combining their official tours with electioneering. They are also barred from using their official staff for election work.

;General conduct

3) the relevant provisions of code of conduct are duly notified to the cabinet Secretary inNew Delhi so far as the central ministers and others are concerned, and to the state chief secretaries so far as the ministers of the states are concerned.

The section deals with general set of guidelines to be followed by the parties and candidates during the election process. It prohibits any discrimination, speeches or any references based on religion and refrains candidates or parties from criticizing others based on their personal private life or unsubstantiated allegations. The section bans all activities against law such as bribing, intimidation, impersonation etc. Parties shall also not create disturbances to other parties or candidates while campaigning.

4) the instructions lay down that during election tours govt. Meetings and all expenses except those related to maintenance of law and order have to be borne privately.

5) the code declares that carrying of electors to the polling stations in any such vehicle is also an electoral offence and a corrupt practice.

;Meetings

The section deals with the conduct of meetings. Meetings shall be conducted with prior permission from [[law enforcement]] agencies. It directs that any such guidelines and rules laid down by the law enforcement agencies shall be adhered to and permissions obtained from other governmental agencies if required such as for the use of [[loud speaker]]s.

;Procession

So these were only a sample of the model code of conduct encouraged by the election commission of India. But still many political parties do not obey these rules fully as can be seen in recent state assembly poll of Punjab where one of the candidates promotes his party's future plans do to many things for the people. If the EC Could be armed with some legitimate powers from the constitution then these could be enforceable fully in India.

Processions organized by political parties shall be conducted with requisite permissions after communication of the required details such as time and place. The parties shall adhere to the plan approved and should not cause any hindrance to traffic or general public. It also bans the usage of undesirable articles and elements and activities such as burning of effigies by people participating in the processions.

;Polling day

==Main points==

The section deals with general set of guidelines to be followed by the parties and candidates during the polling day. Political parties and candidates are expected to co-operate with the officials to ensure fair and free conduct of elections. It refrains parties from disturbing the votes or polling process and bans the usage of party symbols, propaganda material and [[liquor]] near the polling booths.

The main points of the code are:

;Polling Booth

# Government bodies are not to participate in any recruitment process during the electoral process.

Any grievances shall be taken up only with the observer appointed by the Election Commission.

# The contesting candidates and their campaigners must respect the home life of their rivals and should not disturb them by holding road shows or demonstrations in front of their houses. The code tells the candidates to keep it.

# The election campaign rallies and road shows must not hinder the road traffic.

# Candidates are asked to refrain from distributing liquor to voters. It is a widely known fact in India that during election campaigning, liquor may be distributed to the voters.

# The election code in force hinders the government or ruling party leaders from launching new welfare programmes like construction of roads, provision of drinking water facilities etc. or any ribbon-cutting ceremonies.

# The code instructs that public spaces like meeting grounds, helipads, government guest houses and bungalows should be equally shared among the contesting candidates. These public spaces should not be monopolised by a few candidates.

# On polling day, all party candidates should cooperate with the poll-duty officials at the voting booths for an orderly voting process. Candidates should not display their election symbols near and around the poll booths on the polling day. No one should enter the booths without a valid pass from the Election Commission.

# There will be poll observers to whom any complaints can be reported or submitted.

# The ruling party should not use its seat of power for the campaign purposes.

# The ruling party ministers should not make any ad-hoc appointment of officials, which may influence the voters in favour of the party in power.

# Before using loud speakers during their poll campaigning, candidates and political parties must obtain permission or license from the local authorities. The candidates should inform the local police for conducting election [[rallies]] to enable the police authorities to make required security arrangements.

;Party in Power

{{Empty section|date=April 2014}}

The government or its constituents shall not exert influence on the election process. It also prescribes that official work and campaigning shall be kept separate and no official machinery should be used for campaigning. It also prohibits government from spending public money for propaganda. No schemes or grants should be launched by ministers directly or indirectly through authorities and no appointments/changes shall be made with respect to government personnel with a view to exert undue influence.

;Election Manifestos

The manifesto shall not contain any promises construed as against the law and the constitution. It also prohibits the release of manifestations in the period prescribed by the Election Commission.

==References==

{{reflistReflist}}

[[Category:Elections in India]]

[[Category:Election CommissionCodes of Indiaconduct]]

[[Category:Election campaign law]]