Model Code of Conduct

Model Code of Conduct

About

• The Model Code of Conduct (MCC) is a set of rules issued by the Election Commission of India (ECI) to guide political parties and candidates during elections.  
• Its purpose is to ensure the conduct of free and fair elections, in line with the mandate of ECI under Article 324 of the Indian Constitution.  

Timeline

• The MCC was first introduced 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.  

Legal Provisions

• The MCC is not enforceable by law; it serves only as a guiding principle. However, certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the Bharatiya Nyaya Sanhita, 2023, and Representation of the People Act, 1951.
• While it does not enjoy any statutory backing, the Supreme Court has upheld its sanctity on several occasions.

When does the MCC come into force?

• 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. 

What happens once MCC is enforced?

• No appeals to religion, caste, or communal sentiments. 
• Criticism must focus on policies, performance, and programmes, not private lives. 
• Official mass media cannot be used for biased coverage favouring the ruling party. 
• Illegal activities like bribing, intimidation, impersonation, or campaigning near polling stations are prohibited. 
• Demonstrations outside private homes or use of someone else’s property for campaigning are banned. 
• Parties must inform authorities about meetings and processions; permissions for loudspeakers or gatherings must be obtained. 
• Police instructions must be followed to maintain peace and manage traffic. 
• Carrying harmful objects or burning effigies is prohibited. 
• Governments cannot use official machinery, funds, or positions for campaigning. 
• No announcements of financial grants, new projects, infrastructure promises, or ad-hoc appointments that could influence voters. 
• Government facilities, including transport, rest houses, and public spaces, must be equally available to all parties. 
• Election manifestos must follow constitutional principles, be realistic, and cannot be released during the prohibited period before polling. 
• The Election Commission has also issued directions to political parties for responsible and ethical use of social media in election campaigning.

Why in News?

• The Election Commission of India has enforced the Model Code of Conduct soon after announcing the schedule for Assembly elections in five states and one Union Territory, Keralam, West Bengal, Assam, Tamil Nadu and Puducherry.