Explained: Model Code of Conduct Comes Into Force; Complete Guidelines for Parties, Candidates

The Model Code of Conduct (MCC) comes into force across the nation with the announcement of the 2024 Lok Sabha poll dates on Saturday. MCC prohibits the government in power from announcing any new policy decisions. The Election Commission has broadly categorised the MCC guidelines into eight categories covering speeches, meetings, processions, polling day, polling booths, observers, party in power, election manifestos, and general conduct.

Hyderabad: With the Election Commission of India announcing the Lok Sabha Poll Schedule, the Model Code of Conduct has come into force across the country from Saturday.

The Election Commission has announced the General Elections 2024 schedule to the Lok Sabha and the elections schedule to four State Assemblies. Polling for the 543 Lok Sabha seats will be held in seven phases, starting with 102 in the first phase on April 19. The votes will be counted on June 4.

As per Chief Election Commissioner Rajiv Kumar, all the provisions of the Model Code will apply to all States and UTs with regard to all candidates, political parties and the state and the central government.

The commission has made elaborate arrangements for ensuring the effective implementation of MCC Guidelines. "Any violation of these guidelines would be strictly dealt with. The Commission has also issued instructions for swift, effective and stringent action for enforcement of Model Code of Conduct during the first 72 hours of announcement of the election schedule and also for maintaining extra vigilance and strict enforcement action in the last 72 hours prior to the close of polls. These instructions have been issued in the form of Standard Operating Procedures (SOPs) for compliance by the field election machinery," the CEC said in a statement.

This article explains in detail the Model Code of Conduct which serves as guidance to political parties and candidates.

Party in Power

According to the guideline, the parties in power whether at the Centre or in the State or States are advised not to give scope for any complaint that they have used their official position for the purposes of their election campaign.

1. The Ministers, the guidelines say, should not combine their official visit with electioneering work and not make use of official machinery or personnel during the electioneering work. It advises them against the use of government transport such as official air-crafts, vehicles, machinery and personnel to benefit their party.
2. Public grounds and spaces which are used for holding election meetings, and use of helipads for air-travel should not be monopolised by itself. The ruling party should allow other parties and candidates to use these spaces and facilities on the same terms and conditions on which they were using it.
3. Same code will apply on rest houses, government bungalows or other state-run or state-owned accommodation. However, the code suggests that no party or candidate can use such spaces as a campaign office or for holding any public meeting for the purposes of election propaganda.
4. The code says the party in power should not use the official mass media and state funds to advertise in the newspapers and other media during the election period, aiming to gain partisan coverage of political news and publicity by featuring its achievements with a view to furthering their prospects.
5. It says the ministers and other authorities should not sanction grants/payments out of discretionary funds from the time elections are announced by the Commission
6. The Ministers and other authorities shall not –
   (a) announce any financial grants in any form or promises thereof; or
   (b) (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or
   (c) make any promise of construction of roads, provision of drinking water facilities etc.; or
   (d) make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favour of the party in power.
7. Ministers of Central or State Government are refrained from entering any polling station or place of counting except in their capacity as a candidate or a voter or an authorised agent.

Meetings

1. The party or candidate is advised to inform the local police authorities about the venue and time details of any proposed meeting enabling the police to make necessary arrangements for controlling traffic and maintaining peace and order.
2. The code insists compliance from the party or candidate on any restrictive or prohibitory order may be in force in the place proposed for the meeting. It advises the parties and candidates to seek required exemption or permission in advance.
3. If permission or licence is to be obtained for the use of loudspeakers or any other facility for the proposed meeting, the party or candidate should apply to the respective authority and obtain such permission or licence.
4. It advises organisers to seek police assistance to deal with persons disturbing a meeting or otherwise attempting to create disorder. It suggests the organisers not to take action against such persons.

Procession

1. As per the code, any party or candidate organising a procession should decide the route and time, fixing the starting point and concluding point. There should not be any deviation from the programme.
2. The organisers should intimate the local police authorities in advance to enable the latter as necessary arrangement.
3. The organisers are to comply with restrictive orders, if any, are in force in the localities, unless exemption is availed from the competent authority. It also seeks adherence to any traffic regulations or restrictions.
4. The organisers, as per the code, will have to plan their procession in such a way that there is no block or hindrance to traffic. The code suggests creating segments to enable passage of held up traffic at stages to avoid heavy traffic congestion.
5. The code says processions should be regulated by the police on duty and the organisers that there should be compliance.
6. In case of simultaneous rallies, then the organisers are asked to share details with each other so they do not clash or cause hindrance to traffic.
7. The code seeks the political parties or candidates to exercise restraint in their participants carrying articles which may be put to misuse by undesirable elements, especially in moments of excitement.
8. The code bars carrying of effigies purporting rival party leaders, burning them in such effigies in public and such other forms of demonstrations.

General Conduct

1. The Code is categorical in saying that none should work to aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic groups.
2. It tells the politicians to restrict the criticism to policies and programmes, past record and work. It restrains parties and candidates from criticism of all aspects of private life, and basing their criticism on unverified allegations or distortion.
3. It debars appeals on caste or communal feelings to secure votes. Religious places including mosques, churches, and temples are not to be used as fora for election canvassing.
4. It also decries bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 metres of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station besides all offences under the election law.
5. It reiterates every individual's right for a peaceful and undisturbed home-life. It bars demonstrations or picketing before the houses of individuals by way of protesting against their opinions or activities.
6. It mandates seeking permission for parties before using any individual’s land, building, compound wall etc., for erecting flag-staffs, suspending banners, pasting notices, and writing slogans etc.
7. The MCC says the political parties and candidates must respect their rivals in a way that they do not create obstructions in or break up meetings and processions of other parties. It advises against posing questions orally or in writing or by distributing leaflets of one party in another party's gathering and not to remove posters of rival parties. No processions can be taken out along where meetings of another party are held.

Polling Day

On polling day, all Political parties and candidates are expected to follow the set of guidelines here:

1. Should cooperate with election officers to ensure peaceful and orderly polling and complete freedom to the voters to exercise their franchise without being subjected to any annoyance or obstruction.
2. Should handover the necessary entry cards for their authorised workers.
3. Should supply the identity slips which are on plain (white) paper, without any symbol, candidate or party names;
4. Should not distribute liquor on polling day and during the forty eight hours preceding it.
5. Should not gather unnecessary crowds near the camps of rivals and near the polling booths to avoid confrontation and tension.
6. Should ensure to keep the candidate’s camps simple, sans posters, flags, symbols or any other propaganda material. No eatables shall be served.
7. Should cooperate with the authorities and comply with the restrictions on the plying of vehicles on the polling day. Use permitted vehicles by prominently displaying it in vehicles.

Polling Booth

1. Except the voters, none without a valid pass from the ECI can go to the polling booths.

Observers

1. The ECI has appointed Observers. If the candidates or their agents have any specific complaint or problem regarding the conduct of elections, they may bring it to the notice of the Observer.

Guidelines on Election Manifestos

The following guidelines were framed by the ECI after having deliberations with political parties and based on a Supreme Court ruling, which mandated the guidelines.

1. The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of the MCC.
2. The Directive Principles of State Policy enshrined in the Constitution enjoin upon the State to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measures in election manifestos. However, political parties should avoid making those promises which are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise.
3. In the interest of transparency, level playing field and credibility of promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises which are possible to be fulfilled.

Prohibitory Period

Manifesto cannot be released during the prohibitory period, as prescribed under Section 126 of the Representation of the People Act, 1951, of all the phases of those elections.”

The provision prohibits displaying any election matter by means, inter alia, of television or similar apparatus, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in the polling area.

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