Model Code of Conduct kicks in as election schedule announced: What is it?

Lok Sabha elections 2024: Here are the key things allowed, not allowed during Model Code of Conduct

The Election Commission of India (ECI) has announced the schedule for the upcoming General Elections and also that of Assembly polls in four states, including some by-polls. Lok Sabha elections will be held in seven phases. With it, the Model Code of Conduct has come into force, which aims to ensure a level playing field for everyone during the key political exercise in the world’s largest democracy. We break it down for you. Here are the key things allowed, not allowed during MCC

Steer clear of places of worship for campaigning

The poll panel says that as part of general conduct, no party or candidate shall take part in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic. The ECI says that the candidates must refrain from exploiting caste or religious sentiments for votes. Places of worship like mosques, churches, and temples should not be used for election campaigning. And, there shall be no appeal to caste or communal feelings for securing votes. 

No personal blows

Parties and candidates are advised to limit their criticism of other political parties to their policies and programmes, past record and work. The ECI advises contestants to refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. “Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided,” it says.

Shun corrupt practices

All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as 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.

Say no to booze

Political parties and candidates have to refrain from serving or distributing liquor on polling day and during the forty eight hours preceding it.

No trespass

Political parties are not allowed to use private property for banners, flags, or slogans without permission during the enforcement period of the MCC.

Ensure political meetings, processions are peaceful    

Political parties and candidates shall ensure that their supporters do not create obstructions in or break up meetings and processions organised by other parties. “Processions shall not be taken out by one party along places at which meetings are held by another party. Posters issued by one party shall not be removed by workers of another party,” the MCC states. The parties and candidates are required to inform the police of the venue and time of their proposed meetings. They are required to obtain a licence for the use of loudspeakers or any other facility in connection with any proposed meeting. In case of any disorder during the meetings, the organisers are required to seek the assistance of the policemen on duty to deal with the situation, and not take action themselves.

But what if rallies cross paths?

The parties and candidates organising any procession need to make arrangements well in advance. The ECI advisory says that the route and time of the procession must not be deviated from. The organisers are also needed to inform the authorities to ensure regulations and other arrangements.

“If two or more political parties or candidates propose to take processions over the same route or parts thereof at about the same time, the organisers shall establish contact well in advance and decide upon the measures to be taken to see that the processions do not clash or cause hindrance to traffic. The assistance of the local police shall be availed of for arriving at a satisfactory arrangement. For this purpose the parties shall contact the police at the earliest opportunity,” according to the MCC. It also says that the organisers shall ascertain if any restrictive orders are in force in the localities through which the procession has to pass, and shall comply with the restrictions unless exempted specially by the competent authority.

 

Road traffic should not be affected

The organisers are required to make arrangements for the processions in a manner that road traffic is not affected. “If the procession is very long, it shall be organised in segments of suitable lengths,” the ECI rules says.

Burning of opponent’s effigy

The carrying and burning of effigies purporting to represent members of other political parties or their leaders is not allowed.

Avoid big gathering, don’t serve eatable at candidates’ camps near booth

Parties and candidates must ensure to not allow unnecessary crowds near the camps set up by the political parties and candidates close to the polling booths in a bid to avoid tension among workers. They have to also ensure that the candidate’s camps are not displaying any posters, flags, symbols or any other propaganda material. No eatables shall be served or crowd allowed at the camps. Excepting the voters, no one without a valid pass from the Election Commission shall enter the polling booths, the ECI says.

Ruling party cannot monopolise government facilities

Ministers are not allowed to use their official machinery or personnel during the electioneering work. These include government transportation. “Public places such as maidens etc., for holding election meetings, and use of helipads for air-flights in connection with elections shall not be monopolised,” the ECI says.

Any government accommodation shall not be monopolised by the party in power. However, these accommodations are not allowed to be used by any party or candidate as a campaign office or for holding any public meeting for the purposes of election propaganda.

“Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided,” the poll body says.

The ministers and other authorities cannot not sanction grants or payments out of discretionary funds from the time elections are announced by the poll body. Once the schedule is announced, they are also not allowed to announce any financial grants in any form or promises thereof; or (except civil servants) lay foundation stones of projects or schemes of any kind, the ECI guidelines clarifies.

The ruling party shall also not make any ad-hoc appointments in government, public undertakings, etc as that might have the effect of influencing the voters in favour of the party in power.

Freebies and election manifesto

The guidelines quotes the key 2013 Supreme Court judgement in noting that though the promises in the election manifesto cannot be construed as “corrupt practice” under Section 123 of RP Act, the reality cannot be ruled out that distribution of freebies of any kind influences people.

The judgement had also ruled that the commission does not have the authority to regulate manifestos released before the announcement of election date. However, in case the purpose of the election manifesto is directly associated with the election process, the poll body might make an exception.

Based on these principles, the poll body advises parties and candidates to refrain from making a manifesto, which contains “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 Model Code of Conduct.”

Watch: What is the Model Code of Conduct?