Lok Sabha Elections: How did the Model Code of Conduct originate?

The Lok Sabha elections are days away, and political parties have already ramped up their campaigns, as the Election Commission of India prepares to announce the schedule for the general elections 2024 and Assembly elections in some states at 3 pm on Saturday (16 March).

With the election schedule, comes the Model Code of Conduct (MCC), which will remain in effect until the results are announced. But what is it? When was it first implemented? Here’s everything you should know about it.

What is Model Code of Conduct?

The Model Code of Conduct is a set of guidelines and rules that political parties and candidates must follow during the election period. The Election Commission enforces the code to ensure fair and free elections while also providing a level playing field for all political parties and candidates.

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According to the guidelines, no party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic. Political parties and candidates must ensure that their supporters do not interfere with or disrupt other parties’ meetings and processions. The party or candidate needs to inform the local police of the venue and time in advance before organising a meeting or procession.

The MCC also prohibits criticism of a candidate’s private life; instead, criticism should focus on the candidate’s or party’s policies, initiatives, and programmes. Ministers, with the exception of civil servants, are not allowed to laying foundation stones or initiating any projects or schemes after the Lok Sabha election schedule is announced.

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The guidelines also states that the party in power at the Centre and in the states should ensure that it does not use its official position for campaigning.

Ministers and other government authorities cannot announce financial grants in any form. No project or scheme which may have the effect of influencing the voter in favour of the party in power can be announced, and ministers cannot use official machinery for campaign purposes.

The MCC also prohibits criticism of a candidate’s private life; instead, criticism should focus on the candidate’s or party’s policies, initiatives, and programmes. Ministers, with the exception of civil servants, are prohibited from laying foundation stones or initiating any projects or schemes after the Lok Sabha election schedule is announced.

Ad hoc appointments to government or public entities that could persuade voters to support the ruling party are strictly prohibited. Once the Model Code of Conduct is implemented, official visits cannot be combined with electioneering work, and the use of official machinery or personnel for electioneering is not allowed.

Additionally, the Election Commission of India prohibits the publication of advertisements at public expense in newspapers and other media during the election season.

When did the idea to implement the code originated?

The Model Code of Conduct (MCC) finds its origin during Assembly elections in Kerala in 1960 when the administration tried to evolve a code of conduct for the political parties. According to Election Commission of India (ECI), the code has evolved over the last 60 years to assume its present form.

However, the Supreme Court has upheld its sanctity on several occasions. The Election Commission is fully authorised to investigate any violation of the code, and pronounce punishment.

“The code has evolved over the last 60 years to assume its present form. It had its origin during Assembly elections in Kerala, 1960 when the administration tried to evolve a ‘code of conduct’ for the political parties,” read the book titled Leap of Faith.

“The Model Code of Conduct was first issued by Election Commission of India under the title of ‘Minimum Code of Conduct’ on 26 September, 1968 during the Mid-Term Elections 1968-69. The code was further revised in 1979, 1982, 1991 and 2013,” read the book titled Leap of Faith, which was published by the ECI to document journey published by the Election Commission to document the journey of elections in India.

Another document titled, Role and Responsibilities of Political Parties during Elections: An Appeal to Political Parties for the Observance of a Minimum Code of Conduct during Election Propaganda and Campaign, determining the standard political behaviour, was prepared by the commission during the midterm general elections of 1968 and 1969.

It was in 1979 that the Election Commission, in a conference of political parties, consolidated the code by adding a section monitoring the conduct of “parties in power”. A revised code with a comprehensive framework was hence issued to prevent the powerful political actors from obtaining an undue advantage of their position.

A parliamentary panel had in 2013 recommended that MCC be granted legal backing to ensure there is no vacuum for ECI to exercise its power, which is residuary in nature.

The panel had also recommended that MCC be enforced from the date of notification of polls and not date of announcement; a revision in election expenditure limit of candidates to make it more realistic; fast-track courts to dispose of election disputes within 12 months and allowing independent MPs to join any political party within six months of election.

Former Chief Election Commissioner SY Quraishi was a strong advocate of legalisation of the MCC during his tenure and had suggested stringent legal action against politicians who flout it.

What if these guidelines are violated?

The Election Commission oversees the behaviour of political parties and candidates during elections. If a party or candidate is found in violation of the MCC, the Election Commission takes action. First, it issues a warning. In more serious cases, an FIR can be filed. Violations can also lead to imprisonment. The ECI has powers to even cancel the polls in that constituency where the Model Code of Conduct has been violated.

The MCC, however, is not legally binding on its own. Still, certain provisions of it may be enforced through corresponding clauses in other statutes, such as the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Representation of the People Act of 1951.

Additionally, under paragraph 16A of the Election Symbols (Reservation and Allotment) Order of 1968, the ECI has the authority to suspend or withdraw a party’s recognition, as per a Hindustan Times report.

With inputs from PTI