Model Code of Conduct
About MCC
- The Election Commission of India is given the power to supervise and conduct free and fair elections by Article 324 of the Indian Constitution.
- The Model Code of Conduct is a set of guidelines by the Election Commission of India for political parties and candidates to maintain decorum in their campaigning.
- The Model Code of Conduct was first introduced by the Election Commission in the assembly election in Kerala in 1960. In 1962, the Election Commission introduced the Model Code of Conduct for general elections.
- The guidelines of the Model Code of Conduct were made stricter by the Election Commission in 1991 after repeated flouting of norms by political parties.
- If the Election Commission finds a party or candidate in violation of the Model Code of Conduct, it can take measures from issuing a warning to ordering an FIR against the concerned party or candidate.
- Though the MCC does not have any statutory backing, it has come to acquire strength in the past three decades because of its strict enforcement by the ECI.
When and where does the MCC come into play?
- 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.
- It is enforced throughout India in case of General elections, and the State up for polls in case of Legislative Assembly elections.
- All organisations, committees, corporations, commissions (for 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 organisations which hold campaigns favouring a political party or candidate are bound to follow specific guidelines mentioned by the EC.
Guidelines under Model Code of Conduct
- The Mode Code of Conduct mandates all parties not to engage in an activity or deliver a speech that can create tension or hate between different communities, castes, or religions.
- Further, no party can appeal for votes on caste, religious or communal grounds. Additionally, places of worship such as mosques, temples, and churches cannot be used by political parties or candidates for electioneering purposes.
- The Model Code of Conduct prohibits criticism of the private life of a candidate, and all criticism must be confined to the policies, work, and programmes of a candidate or party.
- The MCC says that parties and candidates must ensure that their supporters do not obstruct the meeting or procession of other parties or candidates. Also, they cannot use private land or buildings for processions or meetings without the permission of their owners.
- The Model Code of Conduct says that a party or candidate needs to inform the local police in advance before organising a meeting or procession. It needs to notify the local police about the place, timing, and route of the meeting and procession.
- A minister or other ruling party leaders cannot use official machinery, such as aircraft or vehicles, for their electoral campaigning once the Model Code of Conduct is implemented.
- Also, the ruling party or its leaders cannot monopolise public infrastructure such as maidans, helipads, guesthouses, etc. Other political parties or candidates will have equal access to these places.
- Additionally, the ruling party cannot advertise at the cost of the public exchequer for its political campaigning or achievements of its government.
- Model Code of Conduct guidelines keep changing to address contemporary issues. The rise of social media has led to an evolution in the guidelines.
- In its latest guidelines under the Model Code of Conduct, the Election Commission of India emphasised the guidelines for social media campaigning.
- It said that a party or candidate cannot post or share a remark against its rival that is insulting and below dignity. Similarly, an advertisement masquerading as news or misleading advertisements can’t be shared on social media.
Punishments
- The Model Code of Code is inherently an obligatory guideline and cannot be used as a wholesome rulebook before a court of law.
The MCC is not enforceable by law. However, if violations fall under the Indian Penal Code, 1860, and the Representation of the People Act, 1951, then there are many serious repercussions, and the violator could even go to jail.
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