Why is it in the News?

Recently, the Election Commission of India (ECI) announced that the country would vote in seven phases from April 19 to June 1 and the results will be announced on June 4. With this, the Model Code of Conduct (MCC) comes into effect.

What is the Model Code of Conduct (MCC)?

• The Model Code of Conduct (MCC) is a set of guidelines published by the Election Commission of India (EC) for political parties and candidates to set standards of conduct during the election campaign and polling.
• It also explains how parties can lodge complaints to the EC observers in case of dispute and instructs how the Ministers of the parties in power must conduct themselves when the MCC is in force.
• In 2019, a new addition regarding election manifestos was added, instructing parties to not issue promises which were ‘repugnant to the ideals of the Constitution’.

Is the Model Code of Conduct (MCC) Legally Binding?

• The MCC evolved as part of the ECI’s drive to ensure free and fair elections and was the result of a consensus among major political parties.
  • It has no statutory backing.
  • Simply put, this means anybody breaching the MCC can’t be proceeded against under any clause of the Code.
  • Everything is voluntary.
  • The EC uses moral sanction or censure for its enforcement.
• The ECI can issue a notice to a politician or a party for an alleged breach of the MCC either on its own or based on a complaint by another party or individual.
  • Once a notice is issued, the person or party must reply in writing, either accepting fault and tendering an unconditional apology or rebutting the allegation.
  • In the latter case, if the person or party is found guilty subsequently, he/she can attract a written censure from the ECI, something that many see as a mere slap on the wrist.
• However, several actions are listed as ‘electoral offenses’ and ‘corrupt practices’ under the Indian Penal Code (now known as Bharatiya Nyaya Sanhita) and the Representation of the People Act, 1951 such as:
  • Causing tension between castes, religious or linguistic communities
  • Appealing to caste or communal feeling to secure votes
  • Using places of worship for election propaganda
  • Bribing/intimidating/impersonating voters
  • Canvassing within 100 meters of polling booths
  • Transporting voters to and from polling stations
  • Disrupting public meetings
  • Serving or distributing liquor on polling day
  • Holding public meetings 48 hours before the closing of polls
• These actions will attract appropriate punishment as per these laws.

Previous Model Code of Conduct ‘Violations’:

• During the 2023 Madhya Pradesh Assembly elections, Priyanka Gandhi Vadra was questioned by the ECI for alleging that Prime Minister Narendra Modi favored his "big industrialist friends" during an election rally.
• In 2017, both BJP and Congress accused each other of violating the MCC during the Gujarat polls.
• In 2014, Amit Shah and Azam Khan were banned from campaigning by the ECI during the Lok Sabha polls under Article 324 of the Constitution for inflammatory speeches, which was lifted after they apologized and pledged to follow the Code.

When Does MCC Come Into Force and End?

• The MCC comes into force immediately when the election schedule is announced by the Election Commission and remains in operation till the election process is complete, i.e. results are announced.
• The MCC applies to all elections to the Lok Sabha and State Assemblies.
• It is also applicable for State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
• It is enforced throughout India in case of General elections, and the State up for polls in case of Legislative Assembly elections.

Who Is Bound by It?

• All organizations, committees, corporations, and commissions (e.g. Transport authorities, Jal boards) funded wholly or partially by the Centre or State are bound by the MCC.
• While listed political parties and candidates are bound to follow the MCC, even non-political organizations that hold campaigns favoring a political party or candidate are bound to follow specific guidelines mentioned by the EC.

How is the MCC Enforced?

• Before holding polls for the General or State Assembly elections, the Election Commission issues guidelines to the government to shift out all officers including police who are posted in their home district, and who have completed/completed three out of four years in that district to ensure no interference.
• The MCC is then implemented by the newly appointed officials and nodal EC officers monitor compliance.
• No election campaigning is allowed within the constituency 48 hours before the close of polls.

What Restrictions Does the Model Code of Conduct Impose?

• The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos.
• As soon as the code kicks in, the party in power, whether at the Centre or in the states, should ensure that it does not use its official position for campaigning.
  • Hence, no policy, project, or scheme can be announced that can influence voting behavior.
• The party must also avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.
• The code also says the ministers must not combine official visits with election work or use official machinery for the same.
• The ruling party cannot use government transport or machinery for campaigning.
• It should also ensure that public places such as maidans etc., for holding election meetings, and facilities like the use of helipads are provided to the opposition parties on the same terms and conditions on which they are used by the party in power.
• The issue of advertisement at the cost of the public exchequer in the newspapers and other media is also considered an offense.
• The ruling government cannot make any ad-hoc appointments in government, public sector undertakings, etc., which may influence the voters.
• Political parties or candidates can be criticized based only on their work record and no caste and communal sentiments can be used to lure voters.
• Mosques, Churches, Temples, or any other places of worship should not be used for election campaigns.
• Bribing, intimidating, or impersonation of voters is also barred.
• Holding public meetings during the 48 hours before the hour fixed for the closing of the poll is also prohibited.
  • The 48 hours is known as “election silence”.
  • The idea is to allow a voter a campaign-free environment to reflect on events before casting her vote.

What are the Guidelines for Poll Manifestos?

• Manifestos must not contain anything repugnant to the ideals enshrined in the Constitution.
• They must reflect the rationale for welfare scheme promises and indicate ways to meet the financial requirements for it.
• The manifesto documents must not be released during the prohibitory period (when MCC kicks in).

How are Violations Dealt With?

• Any complaint regarding elections should be brought to EC observers, the Returning Officer, the local magistrate, the Chief Electoral Officer, or the Election Commission itself.
• In response, any directions issued by the EC, Returning Officer, or District Election Officer shall be strictly complied with.