Explained: Know Why States Are Expected to Abide by Model Code Of Conduct in Upcoming Assembly Elections

For the first time, Kerala adopted a code of conduct for elections in 1960 during the Assembly elections when the state administration prepared a draft code that covered important aspects of electioneering such as processions, political rallies, and speeches.

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As the Legislative Assembly polls are due in five states between March 27 and April 29, these states have to follow the Model Code of Conduct until the completion of the election process.   The Election Commission of India (EC), on February 26, announced the schedule for the Legislative Assembly elections in Assam, Kerala, Union Territory of Puducherry, Tamil Nadu and West Bengal. Also Read:

Kerala, Tamil Nadu and Puducherry will conduct elections in a single phase, Assam will conduct in three phases. On the other hand, people in West Bengal will vote across eight phases during assembly elections. Counting of votes in all states and the UT will take be conducted on May 2. Also Read: Holi Special Trains 2021: Heading Home To Celebrate Holi? Check Complete List Of Trains

What is Model Code of Conduct?

The Model Code of Conduct comprises a set of guidelines which are expected to be abided by the political parties, their campaigners and candidates. The Election Commission have designed the Model Code of Conduct to ensure free and fair elections.

For the first time, Kerala adopted a code of conduct for elections in 1960. It is during the Assembly elections then, the state administration prepared a draft code that covered important aspects of electioneering such as processions, political rallies, and speeches.

Although the MCC has exsited for almost four decades, its observance is left to parties and candidates and it’s not a legally enforceable document. Also Read: Maharashtra: 3 Lakh Active Covid-19 Cases Likely By April, State Ranks Second In Vaccination, Says Health Minister

In absence of a judicial ability to penalise the violators of the Model Code of Conduct, it generally issues show-cause notice to the violators and in some cases, bars them from the poll campaign.

What restrictions are imposed under MCC?

MCC has eight provisions related to the general conduct of a political party or a candidate, meetings, processions, instructions for polling days and polling booths, observers appointed by the EC to deal with complaints of the candidates, restrictions to be followed by the party in power and guidelines pertaining to the election manifestos.

In 2019, the EC had decided to keep social media posts by the political parties and leaders under its vigil for detecting any MCC violation.

What happens in case of violation of the code?

The EC issues a notice to the political party or a politician for alleged breach of the code, on the basis of a complaint by another party or an individual. The party or the person then has to reply to the EC in writing, either accepting that the MCC was violated, or rebutting the charge.

However, the MCC is not enforceable by law. Certain provisions of the MCC can be enforced by invoking corresponding provisions in other statues, such as Indian Penal Code (IPC), Representation of the People Act, etc.