Why in the news-

• As the Election Commission of India (EC) announced the dates for the upcoming Lok Sabha elections, the Model Code of Conduct (MCC) came into force immediately and will be in place till election results are announced.

Understanding the Model Code of Conduct (MCC):

• The MCC is a set of guidelines published by the Election Commission of India (ECI) for conduct during the election campaign and polling.
• It is applicable to political parties and candidates.
• 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’.

When was it introduced?

• The EC traces its introduction to the 1960 Assembly elections in Kerala.
• During simultaneous polls to the Lok Sabha and Assemblies in several States in 1962, the EC circulated the code to all recognized parties, which followed it “by and large”.
• In October 1979, the EC came up with a comprehensive code that saw further changes after consultations with parties.

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.
• Exceptions: Several actions such as causing tension between castes, religious or linguistic communities, appealing to caste or communal feeling for securing votes, etc., are listed as ‘electoral offenses’ and ‘corrupt practices’ under the Indian Penal Code and the Representation of the People Act, 1951.

Enforcement and Applicability:

• 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.

[A] All Elections

1. The MCC is applicable to all elections to the Lok Sabha, State Assemblies.
2. It is also applicable for State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.

[B] Obligations put on

1. Listed Political Parties and Candidates: While listed political parties and candidates are bound to follow the MCC
2. Non-Political Organizations Supporting Political Entities: Non-political organizations which hold campaigns favouring a political party or candidate are bound to follow specific guidelines mentioned by the EC.
3. Government-Funded Entities: All organizations, committees, corporations, commissions funded wholly or partially by the Centre or State are bound by the MCC.

How is the MCC enforced?

• All officers including Police: Before 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.
• Specially appointed EC officers: The MCC is then implemented by the newly appointed officials and nodal EC officers monitor compliance.

Guidelines Issued during MCC

[A] For Parties and Candidates:

• Campaigning Bar: No election campaigning is allowed within the constituency 48 hours before the close of polls.
• Restrictions on Speech: 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.
• Maintaining Social Harmony: 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.
• Others: Specific guidelines cover election campaigning, procession, canvassing, use of funds, and behavior during public meetings.

[B] For Governments:

• Prior approval on Policies: 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.
• Screening in State: 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.
• Level-playing field: State/ Union governments must keep public places like maidans and helipads available impartially for all parties and candidates to ensure a level-playing field.

Guidelines for Poll Manifestos (wef 2019)

• 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.

PYQ:

Consider the following statements:​

1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.​
2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.​
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.​

Which of the statements given above is/are correct?​ (2021)

1. 1 only
2. 2 only​
3. 1 and 3
4. 2 and 3​

Practice MCQ:

The Model Code of Conduct (MCC) has come into effect in India ahead of general elections. In this regard, consider the following statements:

1. MCC comes into effect immediately after announcement of election dates and sustains till the last vote is cast.
2. Apart from Political Parties and Candidates, it is applicable to non-political organizations supporting political entities.
3. No election campaigning is allowed within the constituency 24 hours before the close of polls.

How many of the given statements is/are correct?

1. One
2. Two
3. Three
4. None

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