As the Election Commission of India (EC) has announced the dates for the upcoming Lok Sabha elections today at 3 p.m., the Model Code of Conduct (MCC) will come into force immediately and will be in place till election results are announced. As the tenure of the 17th Lok Sabha is scheduled to end on June 16, 2024, polls for its 543 seats must be held prior to it. Apart from the General Assembly polls, elections to State legislatures of Andhra Pradesh, Arunachal Pradesh, Odisha, Sikkim will be held in the same time frame – April/May 2024.
Here’s a look at the MCC, dates of enforcement, guidelines and penalties for violation
What is the Model Code of Conduct?
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 MCC a law?
The MCC is not a statutory document – not enforceable by any laws passed by the Parliament . Violating many of its guidelines may not attract punitive action.
However, several actions such as -
- causing tension between castes, religious or linguistic communities
- appealing to caste or communal feeling for securing votes
- using places of worship for election propaganda
- bribing/intimidating/impersonating voters
- canvassing within 100 metres 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 prior to closing of polls
are listed as ‘electoral offences’ and ‘corrupt practices’ under the Indian Penal Code (now known as Bharatiya Nyaya Sanhita) and the Representation of the People Act, 1951. These actions will attract appropriate punishment as per these laws.
When does MCC come into force and end? Who is bound by it?
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 is applicable to all elections to the Lok Sabha, 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.
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.
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How is the MCC enforced?
Prior to 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/completing 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 are the guidelines for parties and candidates?
Political parties and candidates are advised to refrain from commenting on all aspects of private life of the leaders, workers of other parties, limiting criticisms to only their policies, programmes, past records and works. Social media posts must also refrain from insulting rivals
They must also not indulge in activities aggravating existing differences or create mutual hatred between different castes, religious and linguistic communities. Appeals to caste or communal feelings for securing votes are also prohibited.
Restrictive or prohibitory orders in force at any public place where meetings are held must be adhered to. Permission for usage of public spaces and loudspeakers must be taken from local police. In case of public procession, details of time and place of start and end point and the route to be followed must be informed and cleared by the police.
All political workers engaged in electioneering must display badges or identity cards and must leave constituency after the campaign period is over if they are not a voter or candidate or candidate’s election agent from that constituency. Disrupting public meetings of other parties or candidates are also prohibited. Parties cannot hold processions along places where other parties are holding meetings or remove/ deface rival parties’ posters.
No political party can make any payment over ₹10,000 in cash, in a day, to any person/company/entity.
Parties must also not resort to bribing/intimidating/impersonating voters. They must also not transport voters to and from polling stations or serve/distribute liquor on polling day.
Canvassing within 100 metres of polling booths is not allowed and demonstrations before house of any individual should not be resorted to.
Posters, flags, symbols or any other propaganda material shall not be displayed at the polling place.
Loudspeakers cannot be used between 10 p.m. and 6 a.m. unless written permission of local authorities is taken. Normally, public meetings are not allowed to continue beyond 10 p.m.
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What are the guidelines for governments?
The Union Ministries will need prior approval of the Election Commission on any policy announcements, fiscal measures, taxation issues, financial reliefs when the MCC is in force. These ministries cannot directly refer to the EC and must do it via the Cabinet Secretariat. Similar guidelines apply to State governments where proposals must be referred to a screening committee which will then forward it to the Chief Electoral Officers who will not forward it to the EC unless the instructions applicable to the case are not clear.
State/ Union governments must keep public places like maidans and helipads available impartially for all parties and candidates to ensure a level-playing field.
Ministers and authorities shall not announce financial grants, lay foundation stones of projects or schemes when MCC is in force. They must also not make promises of construction of roads, provision of drinking water facilities etc. to influence voters in favour of the party in power. They cannot sanction grants/payments out of discretionary funds – funds sanctioned in the budget in a generic manner prior to MCC’s enforcement. Official visits cannot be combined with electioneering work and no official machinery, vehicles, guest houses or personnel can be used for campaigning.
In an election year, the Union government cannot present a full Budget as there may be a change in the ruling government in power, after the polls. Under the MCC, the government is not allowed to announce any major scheme which could influence voters or present an Economic Survey in the interim budget. However, it is allowed to revise tax rates. Consequently, the government may opt to seek a mere vote on account which includes presenting its fund requirement for salaries, ongoing projects and other expenditure for the transitional period, and is then passed via the Lok Sabha.
Ex-gratia payments, release of PM/CM’s relief funds for medical treatments, emergency relief work, new works to mitigate natural disasters are allowed by the EC. However, declaration of an area as drought/flood affected or any such calamity affected can be done only by the EC’s approval.
Fresh release of funds from Members of Parliament Local Area Development (MPLAD) schemes is prohibited. No work can be started on which orders were issued prior to MCC enforcement but work did not start on-field.
Writing off loans by State governments of any individual, company, firm, etc. during the period when MCC is in force without EC’s approval is not allowed.
Ad-hoc appointments of officers is prohibited. In certain cases, even regular appointments on the basis of due selection by statutory bodies like Union or State Public Service Commissions, Staff Selection Commission may be deferred till after the completion of elections. Recruitment via non-statutory bodies will require EC’s clearance.
Issue of advertisements, hoardings at the cost of public exchequer in electronic or print media highlighting the achievements of the government is not allowed when MCC is in force. Such advertisements cannot be published in non-polling going states too. Photographs of Prime Minister, Chief Ministers, Ministers and other political functionaries highlighting government work should not be displayed when MCC is in force.
What are 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, Returning Officer, local magistrate, Chief Electoral Officer or the Election Commission itself. In response, any directions issued by the EC, Returning officer, District Election Officer shall be strictly complied with.
