Assembly Elections: Code Of Conduct In Force. What Are The Dos And Don'ts For MLAs, MPs, Parties?
Assembly Election 2023: The model code of conduct (MCC) has come into effect as five states goes to polls in November. When was the code introduced? What does it say? We explain.
With the Election Commission announcing the polling dates for five states -- Rajasthan, Madhya Pradesh, Telangana, Mizoram and Chhattisgarh -- the model code of conduct (MCC) has come into effect. The code is basically a set of guidelines to ensure free and fair elections. While the code of conduct does not have any statutory backing, the rules have to be abided by parties, campaigners and candidates during the period it is in force.
For the five state polls, the model code of conduct will be in force till December 3, when votes will be counted and the results declared. The code, which has evolved over the last six decades since it was first introduced in 1960, lays down guidelines under eight provisions -- general conduct, meeting, processions, polling day, observers, polling booths, party in power and election manifestos.
What Is The Model Code Of Conduct? How Has It Evolved?
The MCC is a set of dos and don'ts that regulates the conduct of political parties and their candidates in the run-up to elections.
The code was first implemented during the 1960 Assembly election in Kerala. Initially, it contained guidelines on election meetings, speeches, slogans, etc. The code was extended all over the country in the 1962 Lok Sabha election.
A comprehensive code was adopted in 1979 wherein the EC added a section to regulate the conduct of the ruling party to prevent it from misusing government machinery to gain an advantage over other contesting political parties. The section also barred ministers from combining official visits with electioneering work. Using official machinery, government vehicles for campaigning and using government platforms for political advertising were also prohibited.
The need for such a section in the model code was felt after the election of Indira Gandhi from Rae Bareli was held null and void in 1975 due to alleged misuse of the government machinery to gain advantage.
The present consolidated form of the model code came into effect in the 1991 Lok Sabha election. From that year, the Election Commission mandated that the code would come into effect immediately after announcement of the election schedule. However, the matter was dipsuted by Centre and some of state governments as well.
The matter also reached the courts. In 1997, the Punjab and Haryana High Court held that the EC was entitled to take necessary steps for free and fair polls, even from the date of announcement of the election, a report in Bar and Bench said.
An agreement on the matter was reached between the Centre and EC on April 16, 2001. The Supreme Court, in its 2013 judgment in S Subramaniam Balaji vs Government of Tamil Nadu case, also endorsed that the MCC would be enforced from the date of announcement of the poll schedule. The apex court also asked the commission to introduce guidelines on election manifestos.
A year later, in February 2014, a part was added to the Model Code of Conduct to regulate the issue of poll manifestos.
What Are The Dos And Don'ts For Political Parties Under Model Code?
Eight key provisions have been mentioned under the Model Code of Conduct that has to be adhered to by political parties and their candidates.
1) General Conduct
- No party or candidate shall appeal to caste or communal feelings for securing votes. Places of worship like mosques, churches, temples cannot not be used as forum for election propaganda.
- 'Corrupt' practices and offences under the election law, such as bribing and intimidation of voters, canvassing within 100 meters of polling stations and holding public meetings 48 hours ahead of polling day, are prohibited.
- Criticism of Opposition political party or candidates should only be limited to their previous work and not their private life.
2) Meetings
- The party or candidate has to inform the local police of the venue and time proposed for rallies or public meetings well in advance so that peace can be maintained by the law enforcement agencies.
3) Procession
- A party or candidate organising a procession has to give advance information to police the time and place of the rally, the route to be followed and the time when it will terminate. There shall be no deviation from the programme.
- Moreover, if the plan to take out a procession over the same route coincides among several parties or candidates, the organisers have to decide upon the measures to be taken to see that the processions do not clash or cause hindrance to traffic in consultation with police.
4) Polling Day
- On polling day, parties and candiadtes have to cooperate with election officers to ensure peaceful and orderly polling.
- Also, serving or distributing liquor on day of voting and during the 48 hours 'silence' period preceding the polling day is prohibited.
- Identity slips supplied to voters shall shall not contain any symbol, name of the candidate or the name of party.
5) Polling Booth
- No one without a valid pass from the Election Commission shall enter the polling booths apart from the voters.
6) Party in Power
- Ministers, either in state or Centre, shall not combine their official visits with election work. Moreover, government transport and machinery cannot not be used for interest of the party in power.
- The ruling party cannot monopolise public places for holding election meetings. Other parties and candidates shall be allowed such facilities.
- Issuing advertisements at the cost of public exchequer in newspapers and other media during for publicity regarding achievements to further the prospects of the ruling party must be avoided.
- When MCC is in place, ministers cannot announce any financial grants in any form or lay foundation stones of any projects. They also have to refrain from making any promise on construction of roads or drinking water facilities etc.
- Ad-hoc appointments in government, public undertakings that may have the effect of influencing the voters are also prohibited.
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