MODEL CODE OF CONDUCT - POLITY News: What is Model Code of Conduct, and what are the penalties for violation? | Explained

MODEL
CODE OF CONDUCT - POLITY

News:
What is Model Code of
Conduct, and what are the penalties for violation? | Explained

 

What's
in the news?

      
The Model Code of Conduct (MCC) came into
effect on March 16, when the Election Commission of India (ECI) announced that
the Lok Sabha elections would be held in seven phases from April 19, 2024 to
June 01, 2024.

 

Model
Code of Conduct:

      
Model Code of Conduct (MCC) for political
parties and candidates is a set of norms
evolved with the consensus of political parties and enforced by the Election
Commission of India.

      
At the time of the Lok Sabha elections,
both the Union and state governments are covered under the MCC.

 

Evolution
of MCC:

      
The Model Code of Conduct for election was
for the first time adopted for the Assembly Election of Kerala way back in 1960.

      
The Model Code of Conduct for Lok Sabha
elections was circulated during parliamentary elections of 1977.

 

Objectives
of MCC:

      
To help the Election commission of India
to conduct free and fair elections
and maintain high standards of public morality.

      
To provide a level playing field between
contestants so that the ruling party
doesn’t misuse its position to gain an unfair advantage
by taking decisions
that can help them in the elections.

      
To ensure that parties and candidates show
respect for their opponents, criticise their policies and programmes
constructively, and not resort to mudslinging and personal attacks.

 

Duration:

      
The code is enforced from the date of announcement of election schedule
till announcement of election result.

      
However, the Commission can’t make its
announcement more than three weeks ahead of issuing the formal notification of
elections.

 

Applicability:

      
During general elections to the Lok Sabha, the code is applicable
throughout the country.

      
During general elections to the Legislative Assembly of the state, the
code is applicable in the entire State.

      
During bye-elections, the Model Code of Conduct would be applicable in the
area of the concerned Constituency only.

 

Parts
of MCC:

      
Part
I

deals with general precepts of good behaviour expected from candidates and
political parties.

      
Parts
II and III
focus on public meetings and processions.

      
Parts
IV and V
describe how political parties and candidates should
conduct themselves on the day of polling and at the polling booths.

      
Part
VI
is
about the authority appointed by the EC to receive complaints on violations of
the MCC.

      
Part
VII

is about the party in power.

      
In 2014, the Commission introduced Part VIII on manifestos, pursuant to
the directions of the Supreme Court.

 

Restrictions
for the Party in Power:

      
The MCC forbids ministers (of state and central governments) from using
official machinery
for election work and from combining official visits
with electioneering.

      
Advertisements
praising the work of the incumbent government using public money are to be
avoided.

      
The government
cannot announce any financial grants, promise construction of roads or other
facilities,
and make any ad hoc appointments in government or public
undertaking during the time the Code is in force.

      
Ministers cannot enter any polling station
or counting centre except in their capacity as a voter or a candidate.

      
Exceptions:

      
However, the Code does not halt the
ongoing schemes of development work or welfare, relief and rehabilitation
measures meant for people suffering from natural calamities. However, the EC
forbids the use of these works for election propaganda.

 

Social
Media and MCC:

      
According to the Election Commission, MCC
will also apply to content posted by political parties and candidates on the
Internet, including on social media sites.

      
In 2013,
the Commission laid down guidelines to regulate the use of social media by
parties and candidates.

      
Candidates have to provide their email
address and details of accounts on Twitter, Facebook, YouTube, etc., and add
the expenditure on advertisements posted on social media to their overall
expenditure for the election.

 

Legal
status:





































































































      
It is not
a legally enforceable document
, and the Commission usually uses moral
sanction to get political parties and candidates to fall in line.