The Election Commission of India (ECI) on Saturday (March 16) announced that the country would vote in 7 phases in the Lok Sabha elections, 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.
Chief Election Commissioner Rajiv Kumar asked all political parties and their leaders to strictly adhere to the MCC, which lays down a list of dos and don’ts for leaders and parties ahead of elections. Amongst other things, the code bars the government from announcing policy decisions.
What is the Model Code of Conduct?
The MCC of ECI is a set of guidelines issued to regulate political parties and candidates prior to elections. The rules range from issues related to speeches, polling day, polling booths, portfolios, the content of election manifestos, processions, and general conduct, so that free and fair elections are conducted.
When does the MCC come into effect?
The MCC comes into force from the date the election schedule is announced until the date that results are out. As a result, it will kick in from today evening and will remain in effect until the election process is concluded.
What restrictions does the MCC 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 the voting behaviour. 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 public exchequer in the newspapers and other media is also considered an offence. 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 criticised 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-hour period before the hour fixed for the closing of the poll is also prohibited. The 48-hour period is known as “election silence”. The idea is to allow a voter a campaign-free environment to reflect on events before casting his/her vote.
Is the 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 ECI 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/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist.
Previous MCC ‘violations’:
In November 2023, during the campaign for Madhya Pradesh Assembly elections, the ECI issued a notice to Congress general secretary Priyanka Gandhi Vadra for a statement made during an election rally, where she asked Prime Minister Narendra Modi why he had given BHEL to his “bade udyogpati mitron (big industrialist friends)”.
Citing the MCC provision against making unverified allegations, the ECI asked her to explain her statement.
In the run-up to Gujarat polls in 2017, both BJP and Congress accused each other of violating the MCC. The BJP pointed to Rahul Gandhi’s interviews with TV channels during the 48 hours before polling, while the Congress accused Prime Minister Narendra Modi of violating the same provisions by holding a ‘roadshow’ in Ahmedabad after casting his vote.
Although the ECI rarely resorts to punitive action to enforce MCC, during the 2014 Lok Sabha polls, it had banned BJP leader and now party president Amit Shah and SP leader Azam Khan from campaigning to prevent them from further vitiating the poll atmosphere with their speeches. The Commission resorted to its extraordinary powers under Article 324 of the Constitution to impose the ban. It was only lifted once the leaders apologised and promised to operate within the Code.
Click here to know MCC: https://www.eci.gov.in/mcc/